Immigration Court Kritarchs Sabotaging Enforcement–Sessions Needs To Rein Them In


Kritarchs at the Executive Office for Immigration Review (EOIR) have struck again at immigration enforcement.  As part of a concerted campaign against illegal alien gangs like MS-13, the Department of Justice (DOJ) and the Department of Homeland Security (DHS) were identifying illegal aliens, mainly those recently smuggled into the United States during Barack Obama’s wave of illegal alien minors that came over the southern border.  However, Jeff Sessions failed, again, to control the DOJ employees at the EOIR and those “judges,” using cover of an order to review recent detentions of the MS-13 gangbangers for bond hearings, then ordered the release of the gang members.

This is part of an orchestrated campaign by the radical left to protect MS-13 gangbangers and other criminal aliens.  First, the campaign of calumny against ICE and local police by the fanboys of criminal aliens, like Jose Zarate, killer of Kate Steinle.

When the Trump administration can’t find crimes to detain undocumented immigrants, it will invent them. That’s exactly what activists fear is occurring in Long Island, NY with Operation Matador, under which Immigration and Customs Enforcement claims to have arrested nearly 350 people for being members of MS-13, or Mara Salvatrucha, a Salvadorean gang whose violence is spreading across America. Advocates believe undocumented residents of Suffolk and Nassau counties are being erroneously arrested for being gang members so they can then be deported. To prove it, a coalition of immigration advocacy groups have filed Freedom of Information Act requests to discover the truth behind the mass deportations.

[ICE Is Falsely Accusing Undocumented New Yorkers Of Being Gang Members In A Plot To Deport Them, by Ilana Novick, Salon, December 4, 2017]

As usual, the Cult Marx leftists lie about Operation Matador.  Those arrested are illegal aliens and don’t need any other reason to be deported.  In any event, almost all are already in proceedings for deportation, but were arrested because of their threat to public safety.

Babe Howell, a professor at CUNY School of Law, thinks the arrests are “based on inaccurate information, including information from law enforcement gang databases, which are based on appearances and association rather than on criminal conduct.” In fact, she continued, “any conviction for a crime or criminality is not required. There’s no notice, or a review, or an ability to appeal, so there’s no way of correcting errors in the gang databases.”

ICE agents have even admitted the evidence is less than foolproof. Before one early morning raid targeting a 20-year-old suspected gang member earlier this month, Jason Molina, an assistant special agent in charge of the raid told CBS News, “Yes. We have information, we have pictures of him actually flashing gang signs.” However, as even CBS pointed out, “gang membership is not a crime, and the agents did not have a criminal warrant.” Molina had told reporter Margaret Brennan prior to the raid that he expected the suspect to be heavily armed, but the agents found only “pellet guns or BB guns.”

News flash to Novick, you don’t need a criminal conviction to be arrested and deported.  And flashing gang signs shows your’re a gang member, and gang members are a danger.

And these criminal friendly leftists also don’t want the police to arrest MS-13 gangbangers either.

On Monday, lawyers from the Central American Refugee Center, a Long Island immigrant legal services organization commonly known as Carecen, and the Hofstra Law Clinic filed suit against Nassau County in state Supreme Court, saying that the county police department was cooperating with the United States Immigration and Customs Enforcement agency in ways that break state law.

Elise Damas, a lawyer for Carecen, announced the suit at a news conference at Hofstra University.  “Carecen seeks an ironclad assurance that Nassau County will act in accordance with New York State law, and not just with federal immigration policies,” she said. “Nassau County police are tasked with ensuring the safety of all communities countywide, a goal which cannot be achieved until immigrants feel protected.”

[Police on Long Island Are Working Illegally With ICE, Suit Says,  by Liz Robbins, NYT,  November 20, 2017]

By “immigrants” they mean illegal alien criminals.  Of course, no actual law is cited by Robbins that the local police are violating.  These attacks on law enforcement and the arrest of MS-13 gangbangers was just leading up to getting the gangbangers released from U.S. Immigration and Customs Enforcement (ICE) custody.  And what was needed was for kritarchs at the EOIR to be in on the assault on the professional judgement of law enforcement officials.

At least nine immigrant minors from Long Island targeted for deportation by federal officials based on alleged involvement with MS-13 were released Wednesday, a deadline set by a federal judge in California, their attorneys said.

The minors, who had been detained around the country, were released by immigration judges after hearings held mostly in Manhattan on Tuesday and Wednesday, according to attorneys representing the minors.

Their release came after a class-action lawsuit was filed in August by the American Civil Liberties Union of Northern California in which three teens from Brentwood were listed as primary plaintiffs. The suit named as defendants federal agencies involved in the arrest and detention of the teens and others who, at that time, were being held in secure facilities in that state.

The judge ordered each of the detained minors be given a hearing where the government would show evidence of why they were deemed “a danger to the community.”

[Teens Detained On Alleged Gang Activity Released, Lawyers Say, By Mark Morales and Alison Fox, Newsday, November 29, 2017]

Now, identifying gang members is not a science, but in the case of these illegal aliens, the evidence presented has been sufficient for a law enforcement professional.  And note that the fact that these gang members are not being arrested and convicted of a crime, but for deportation, and that they are deportable is not in question.  All are admitted illegal aliens and already in deportation proceedings.  They have been arrested because of the threat they pose as individuals and as members of MS-13.  The only thing that happened after their arrests was that their deportation hearings was moved up from years down the road, to basically now.

Of course, the claim of the Treason Bar was that there was nothing to see here and to ignore you lying eyes.

Arce said the case against her client was weak. Investigators said he had a notebook with the number 503 written inside, known to be the calling code for El Salvador and adopted as a gang symbol. He had also gotten into a fight at his high school where he suffered a black eye and was spotted talking to known gang members, she said.

That seems enough.  No innocent teenager hangs out with gangbangers and gets in fights.  But what the attorney did not say was that her client was already a deportable alien, not some kid grabbed off the street.  It is most likely that the local police easily identified him as a gang member and wanted help from ICE protecting the community, something that can’t be done if gang members are free to roam the streets.

But the real problem was not that some Federal kritarch ordered a bond hearing.  That is not much of an issue.  You can’t do much about Article III kritarchs.  Give them the hearing.  A hearing does not mean you get released on bond, it is just an opportunity to make that request.  The real problem was that Attorney General Jefferson Beauregard Sessions III has not been supervising the judges at the EOIR and giving them instructions on how to deal with the issue of gangbanging illegal alien minors.  Immigration Judges are not real judges.  They are subordinate employees of the DOJ and are subject to supervision and reversal of any decisions they make by their superiors.  And Jeff Sessions is deficient in his supervision of the EOIR.  I mistakenly thought that Jeff Sessions was immigration hardliner in the Trump Administration.  I no longer believe that.  Perhaps Kris Kobach should be the next Attorney General.

Sessions needs to instruct his Chief Immigration Judge or the Board of Immigration Appeals (BIA) to set aside the bonds set for the above MS-13 gangbangers and have those IJs called on the carpet for their shear stupidity for granting bond to dangerous criminals.  There is no right to an immigration bond, it is an exercise of executive discretion.  Time for Jeff Sessions to discipline those employees under his supervision for their mistakes.