Runaway Court Rules Local Police Cannot Disturb Illegal Aliens
The second-biggest threat to America’s existence as a nation is the activist judiciary that routinely rewrites our duly passed immigration laws. (The biggest threat is the aliens themselves, who threaten to outnumber our children and grandchildren in just a few years.)
The unwillingness of Congress and the Executive branch to reassert authority over federal and district courts will be America’s undoing if we wait much longer. It is now all but impossible for illegal aliens to be deported, thanks to insane rulings that are being handed down by unelected, unaccountable judges.
Last month, a federal court ruled that 129 illegal aliens, who were captured in a raid of a meat-packing plant, cannot be deported. There were 130 illegal aliens employed at the plant. Immigration and Customs Enforcement (ICE) agents had a warrant for the arrest of one of those employees.
The court ruled that because ICE did not have individual warrants for the remaining 129, their detention was invalid, and they could not be deported. ICE agents didn’t know the immigration status of those 129 individuals when it walked into the building, so the agents acted in an unconstitutional manner (according to the court) by attempting to enforce the law.
This was an unprecedented ruling. No court in America’s previous history has ever bestowed American 4th Amendment rights upon illegal aliens. Aside from this lunatic court ruling, the other outrage is that the illegals were allowed to remain in the US for eleven years while filing a lawsuit at taxpayer expense against the government.
They were arrested in 2008. We can’t deport them in 2019 because of this judge’s ruling, even though they clearly violated the law and were ordered to be deported by a lower court.
Just last week, the Third Circuit Court of Appeals committed another act of rewriting duly passed federal laws. A State Trooper in Pennsylvania pulled over a van for speeding (this incident happened years ago, of course).
There were eight people inside the van – foreign nationals from Mexico, El Salvador, Ecuador, and Guatemala. The trooper asked them for ID and when they couldn’t produce any, he made them sit on the curb while he called ICE.
Sure enough, they were all illegal aliens in the country without permission. The ICE agents arrested them. An immigration court ordered all eight of them deported.
The Board of Immigration Appeals upheld that decision. The illegals had their day in court and were ultimately told to go back where they came from.
But the two Guatemalans refused to leave. Their taxpayer-funded attorney filed another appeal to the Third Circuit Court. They claimed that they were detained because of their brown skin and that the racist trooper had made them sit on the curb for too long while waiting for ICE agents to show up. None of those charges of racism mattered to the panel of judges, however, because they invented a different excuse to prevent the deportation of the Guatemalans.
The court ruled that because the illegals were detained by a state law enforcement officer, their initial detention was unconstitutional. To be clear: This is literally insane.
Imagine an off-duty sheriff’s deputy walks into a bank, right as some loser is robbing the teller with a pellet gun. The off-duty officer pulls his concealed-carry firearm and arrests the perp.
But then the judge releases the bank robber on the grounds that the sheriff’s deputy was not an FBI agent because the FBI has jurisdiction over investigating bank robberies. That’s what this ruling by the Third Circuit amounts to.
Under all existing law, including immigration law, the type of law enforcement officer making the initial stop or arrest doesn’t matter. A city police officer, a county sheriff’s deputy, a state trooper, or a Fish and Wildlife enforcement officer can all detain or arrest you for a crime if they’re the first ones on the scene. The dog catcher can legally detain you if necessary.
But for illegal aliens, the courts have now decided that only the appropriate type of officer (federal ICE agents) can disturb an illegal alien as he’s going about his day – and then, only if the ICE agent has a signed warrant in his pocket with the illegal alien’s name spelled properly.
The only way out of this mess is for Congress and the Executive branch to claw back the authority that has been granted to lower courts. But do they have the will to do so?