Kritarchs And The DACA Menace
The threat of the Kritarchs and the menace of the Deferred Action for Childhood Arrivals (DACA) program are coming to a head. Not just because of the terrorist threats from DACA recipient Astrid Silva but also from the hostility of DACA recipients to President Trump, such as Jasmine Lomeli and Raymond Partolan. The Treason Bar is continuing its challenge not to DACA as a policy, but to its temporary nature.
The strategy is to claim that DACA is a regular immigration benefit that cannot be taken away without review not by the Executive Office for Immigration Review (EOIR), the immigration courts, but by Article III courts, e.g. the regular Federal courts. This writer warned about this a month ago [Warning For President Trump: Kritarchs Looking To Impose DACA]. A month that President Trump, Secretary Kelly, and Attorney General Sessions should have used to end the DACA program. By not doing so, they risk making DACA a permanent Amnesty program for illegal aliens.
Back in the news are the Treason Bar attorneys for Mexican gangbanger and DACA recipient, Daniel Ramirez Medina.
Attorneys for a Mexican immigrant in Seattle, who has permission to work in the United States, are hoping to convince a federal judge to hear a challenge to his immigration arrest and bypass U.S. immigration courts.
If they are successful on Wednesday, the case of Daniel Ramirez Medina, a so-called dreamer afforded some protection from deportation under an Obama-era program, could point a new way forward for thousands of people across the country threatened by stepped-up immigration enforcement under President Donald Trump.
Under U.S. law, deportation cases must be heard by immigration courts but Ramirez hopes to establish an alternate legal challenge over his arrest. Immigration courts, which operate separately from the broader federal judiciary, have a huge backlog and immigration lawyers say it is difficult to win deportation challenges in them.
[Arrested Mexican ‘Dreamer’ Immigrant Seeks New U.S. Legal Channel, by Dan Levine, Reuters, March 7, 2017]
The essence of the argument by the Treason Bar is that DACA is a permanent benefit for aliens granting legal status in the United States and cannot be taken away by the President.
The Department of Justice Office of the Legal Counsel stated unequivocally that the DACA program was only a deferral of a deportation and did not grant recipients any legal status.
As has historically been true of deferred action, these proposed deferred action programs would not “legalize” any aliens who are unlawfully present in the United States: Deferred action does not confer any lawful immigration status, nor does it provide a path to obtaining permanent residence or citizenship.
[Memorandum Opinion For The Secretary Of Homeland Security And The Counsel To The President, by Karl R. Thompson, Principal Deputy Assistant Attorney General, Office of Legal Counsel, Department of Justice, November 19, 2014]
The Treason Bar insists, though, that Medina is legally in the United States.
“We think the due process clause of the constitution says you can’t do that to people—especially when government has given them that lawful presence in the United States,” counted Ramirez attorney Theodore Boutrous.
[Ruling On Seattle ‘Dreamer’s’ Release Expected Next Week, KING 5, March 8, 2017]
And the Treason Bar wants U.S. Magistrate Judge James Donohue to go full Kritarch and declare DACA a new immigration program, a program created by the Executive Branch, and not by the Legislative Branch which in Article I, Section 8, is given the power over immigration.
In addition to release, his legal team is also seeking “declaratory relief,” to provide clarity on the due process rights of DACA recipients.
“We’re saying to a federal judge: issue a statement that DACA provides certain protections for your liberties. That becomes a statement of a federal court and what the executive has to pay attention, so we don’t have to count on the good will of ICE agents,” said attorney Mark Rosenbaum.
The Treason Bar wants power over immigration taken from the Congress and given to the courts, so as to achieve the end result it wants. Note that under Obama the Treason Bar claimed that the President had authority over immigration because it was related to relations with other countries.
The Federal Government’s broad, undoubted power over immigration and alien status rests, in part, on its constitutional power to “establish an uniform Rule of Naturalization,” Art. I, §8, cl. 4, and on its inherent sovereign power to control and conduct foreign relations.
[Arizona v. United States, FindLaw, June 25, 2012]
It is clear that the Constitution means nothing to the Treason Bar, it is only the particular policy that they are interested in. And for the Treason Bar, the Constitution’s only meaning is what the Treason Bar says it is for the moment. In order to protect illegal aliens, the Treason Bar finds it necessary to destroy the Constitution. This is not even a so-called living Constitution, but a mangled Constitution, tortured to mean anything the Treason Bar thinks at the moment.
This is what President Trump is up against. The Constitution means nothing other than Moar Immigration!
We have seen this in the usurpation by Barack Obama of the authority of Congress to make law regarding immigration and the usurpation of the legislative grant of power to the President to bar any alien or groups of aliens by another judge in the State of Washington and the 9th Circuit Court of Appeals regarding the travel ban for citizens of seven nations.
This time the Treason Bar is tempting the Kritarchs with visions of seizing power over immigration law and imposing a permanent amnesty program for illegal aliens. Such a usurpation of the authority of Congress is no more legitimate than the original DACA program created not by legislation but by executive order.
President Trump must strike quickly by abolishing DACA immediately.