The story began with two illegal aliens from Brazil. Both were ordered deported years ago, but in their arrogance, decided that the Obama Regime Administrative Amnesty extended to them as well. And it apparently did. They applied for Legal Permanent Residence (LPR) with U.S. Citizenship and Immigration Services (USCIS) despite being illegal and despite having outstanding deportation orders. The Obama Regime at U.S. Immigration and Customs Enforcement (ICE) Enforcement and Removal Operations (ERO) and USCIS studiously ignored the outstanding deportation order and USCIS furthered that outrage by processing the application the illegals submitted for residency.
Fortunately, an election intervened and the two illegals, Lucimar de Souza and Eduardo Junqueira were arrested as they appeared for interviews. However, instead of immediately deporting the illegal aliens, ERO kept them in custody for some reason, undoubtedly to allow them to file appeals, whether to the Board of Immigration Appeals (BIA), requests to reopen their cases, or to go to the courts.
It is not clear from the press reports why they were not deported, but no good deed goes unpunished. Good deeds that should never have happened, for this gave the illegals a toe-hold and an opportunity to interfere with their deportation by legal machinations. And just that happened. This gave an outrageous kritarch, Mark Wolfe, the opportunity he desired to impose policy preferences in the area of immigration. Such was addressed by me here at VDare.com. [Another Kritarch Strikes At Immigration Enforcement—Judge Stops Arrests Of Illegals Already Ordered Deported, by Federale, VDare, May 24, 2018]
But all cannot be blamed on imperious kritarchs. Deep State members of #TheResistance appear to be deliberately sabotaging enforcement in ERO and interestingly Kritarch Wolfe pointed out that.
“In view of ICE’s repeated violations of its regulations — and its indifference to its duty to obey the law — it would not now be fair to keep de Souza or Junqueira incarcerated.”
de Souza and Junqueira are still subject to deportation, Wolf wrote.
ICE said Monday that it was “starting a careful review of the judge’s decision.”
“Until a full review of the legal decision is completed, it would be premature for us to offer any response at this time,” said John Mohan, an ICE spokesperson.
[Federal Judge Formally Orders Release Of Two Undocumented Immigrants, by Aimee Ortiz, Boston Globe, June 12, 2018]
So it is down to who in ERO ensured that these illegals were not immediately deported after their arrests. Flights to Brazil from the United States occur daily. There may have been a delay obtaining travel documents from the Brazilian authorities (unlikely as the government apparently did not present that fact in the hearing) but in any event, if the Brazilians arrived by air, their country of citizenship is obliged to accept them back without documents or with only a letter from DHS stating that they arrived by air and no travel documents are available.
What appears to have happened is that the infamous Thomas Brophy of ERO has his own personal policy of aiding illegal aliens to remain in the United States. It is his fault that a kritarch was given the opportunity to interfere with immigration law enforcement. Kritarch Wolfe even admits in his ruling that the two aliens are subject to removal, but Brophy still has not acted to enforce the deportation order. Why not? Kritarch Wolfe has given Brophy an out. What is stopping Brophy from arresting the illegals again and putting them on the next flight? Moreover, why hasn’t Brophy arrested the illegal aliens for violation of Title 8 United States Code Section 1253, Failure To Depart?
Brophy and other Deep State actors are sabotaging immigration enforcement. Time for President Trump to remove those engaged in the resistance.