Wanted Killers Among 2 Million Illegal Aliens Freed into U.S. by Biden’s DHS
Wanted killers are among the more than two million border crossers and illegal aliens that Rep. Tom McClintock (R-CA) estimates have been released into the United States since President Joe Biden took office in late January 2021.
Late last month, Immigration and Customs Enforcement (ICE) agents arrested a 50-year-old illegal alien from Brazil, and a member of the nation’s largest criminal gang known as Primeiro Comando Da Capital, who was convicted of murder.
The illegal alien gang member first crossed the U.S.-Mexico border near San Luiz, Arizona, in March of this year. At the time, he was apprehended by Border Patrol agents and put into deportation proceedings.
Subsequently, thanks to the Biden administration’s expansive catch and release network, the illegal alien gang member was given a Notice to Appear (NTA) before a federal immigration judge and released into the nation’s interior.
RJ Hauman, president of the newly-formed National Immigration Center for Enforcement (NICE), told Breitbart News that the illegal alien gang member’s case “is yet another dangerous example of flaws in the ‘vetting’ that the Biden Administration says occurs when illegal aliens are encountered at the border and then released into the country.”
“The Border Patrol has no access to foreign criminal databases. The only way they would know about an illegal alien’s criminal record is if they committed a crime while here. So what are we supposed to do, believe everything an illegal alien says?” Hauman continued. “[F]ortunately, the brave men and women of ICE saved the day. When will their open-borders political leaders finally be held accountable?”
NICE, like the majority of Americans, backs full enforcement of the nation’s immigration laws — supporting ICE agents’ authority to quickly and easily arrest and deport illegal aliens.
In a similar case, twice-deported illegal alien Edickson Paulino Castano, 52 years old, was recently deported for the third time from the U.S. after he had been released into the U.S. interior on an order of supervision in September 2021.
Castano is wanted for murder in his native Dominican Republic.
John Fabbricatore, an advisory board member for NICE and a retired ICE Field Office Director, told Breitbart News that Biden’s “laissez-faire attitude” toward enforcement is resulting in “illegal aliens, including violent criminals continually being released” into the U.S. interior.
“The Border Patrol is being instructed to quickly process and release as fast as they can into the interior of the country. They take whatever they’re told as the truth, and the illegal alien is long gone before international warrants can be discovered,” Fabbricatore continued:
Criminal cases are dangerously being pushed into our communities in blatant disregard of federal law. While [Enforcement and Removal Operations] Boston did a great job of making this arrest, we can’t ignore the fact that an illegal alien murderer was released into the country. INTERPOL notices can take days or a few weeks to send out an alert for an update for an investigation. [Emphasis added]
The blatant disregard of federal law by the Biden administration is putting this country in danger. How many convicted criminals have been allowed to enter or have entered undetected since the start of this administration? How many known or suspected terrorists? Congress must get to the bottom of this, and fast. [Emphasis added]
Both illegal aliens are among the more than two million border crossers and illegal aliens that Biden’s Department of Homeland Security (DHS) has released into American communities since early 2021.
During a recent hearing by the House Judiciary’s Subcommittee on Immigration Integrity, Security, and Enforcement, Chairman McClintock noted that such a foreign population, “deliberately released into this country,” is equivalent to the population of Nebraska.
Those released into the U.S. interior by DHS are not the only illegal aliens to be added to the nation’s population since Biden took office.
“Meanwhile, more than a million and a half known got-aways have also entered illegally, an additional illegal population the size of Hawaii,” McClintock said:
For Americans, it means classrooms flooded with non-English speaking students, hospitals overwhelmed with illegal immigrants demanding care, fentanyl poisoning our young people, catastrophic strains on the social safety net meant to help Americans in need … working wages suppressed by a flood of cheap, illegal labor. [Emphasis added]
And now we observe the irony of officials in so-called sanctuary cities like New York and Chicago and sanctuary states like California warning that they cannot handle this influx. [Emphasis added]
Former Acting Director of U.S. Citizenship and Immigration Services (USCIS) Joseph Edlow told the subcommittee that Biden’s DHS was focused on giving mass parole to border crossers and illegal aliens to get them into the nation’s interior but now is using NTAs to mass release those arriving at the southern border.
“For the most part, there are more interests in — it was paroling people in — now it’s giving Notices to Appear and letting people go along their way,” Edlow said. “There is not an interest in detaining as far as I can see.”
John Binder is a reporter for Breitbart News. Email him at jbinder@breitbart.com. Follow him on Twitter here.
Jack Cashill’s new book, Unmasking Obama: The Fight to Tell the True Story of a Failed Presidency, is widely available. See also www.cashill.com.
Supreme Court: States Lack Standing to Force Mayorkas to Arrest Criminal Aliens
WASHINGTON, DC – Texas and Louisiana lack standing to sue the Biden administration’s policy of not enforcing a federal law requiring the arrest of certain criminal aliens, the Supreme Court held on Friday.
Justice Brett Kavanaugh wrote the majority opinion for justices, examining 8 U.S.C. § 1226, where Congress commands that the Department of Homeland Security “shall” arrest and detain some types of criminal aliens when they are released from state prison. Secretary Alejandro Mayorkas has refused to enforce that law.
“In 2021, after President Biden took office, the Department of Homeland Security issued new Guidelines for immigration enforcement,” Kavanaugh began. “The Guidelines prioritize the arrest and removal from the United States of noncitizens who are suspected terrorists or dangerous criminals, or who have unlawfully entered the country only recently, for example.”
“The States essentially want the Federal Judiciary to order the Executive Branch to alter its arrest policy so as to make more arrests,” he continued. “But this Court has long held that a citizen lacks standing to contest the policies of the prosecuting authority when he himself is neither prosecuted nor threatened with prosecution. Consistent with that fundamental Article III principle, we conclude that the States lack Article III standing to bring this suit.”
“Under Article II, the Executive Branch possesses authority to decide how to prioritize and how aggressively to pursue legal actions against defendants who violate the law,” the majority added.
“That principle of enforcement discretion over arrests and prosecutions extends to the immigration context, where the Court has stressed that the Executive’s enforcement discretion implicates not only normal domestic law enforcement priorities but also foreign-policy objectives,” Kavanaugh also wrote.
Kavanaugh added the caveat that:
the standing calculus might change if the Executive Branch wholly abandoned its statutory responsibilities to make arrests or bring prosecutions. Under the Administrative Procedure Act, a plaintiff arguably could obtain review of agency non-enforcement if an agency has consciously and expressly adopted a general policy that is so extreme as to amount to an abdication of its statutory responsibilities.
“To be clear, our Article III decision today should in no way be read to suggest or imply that the Executive possesses some freestanding or general constitutional authority to disregard statutes requiring or prohibiting executive action,” he also cautioned.
“It bears emphasis that the question of whether the federal courts have jurisdiction under Article III is distinct from the question of whether the Executive Branch is complying with the relevant statutes,” the majority added. “We take no position on whether the Executive Branch here is complying with its legal obligations.”
The majority concluded by observing that “Congress possesses an array of tools to analyze and influence those policies,” and that “through elections, American voters can both influence Executive Branch policies and hold elected officials to account for enforcement decisions.”
Justice Neil Gorsuch, joined by Clarence Thomas and Amy Coney Barrett, agreed that the states lack standing here, but refused to join Kavanaugh’s opinion for Chief Justice John Roberts and the three liberal justices, writing an entirely separate analysis that concluded:
In our system of government, federal courts play an important but limited role by resolving cases and controversies. Standing doctrine honors this limitation at the front end of every lawsuit. It preserves a forum for plaintiffs seeking relief for concrete and personal harms while filtering out those with generalized grievances that belong to a legislature to address. Traditional remedial rules do similar work at the back end of a case. They ensure successful plaintiffs obtain meaningful relief. But they also restrain courts from altering rights and obligations more broadly in ways that would interfere with the power reserved to the people’s elected representatives. In this case, standing and remedies intersect. The States lack standing because federal courts do not have authority to redress their injuries. Section 1252(f )(1) [of federal immigration law] denies the States any coercive relief. A vacatur order under §706(2) [of another federal law] supplies them no effectual relief. And such an order itself may not even be legally permissible. The States urge us to look past these problems, but I do not see how we might. The Constitution affords federal courts considerable power, but it does not establish “government by lawsuit.”
Justice Samuel Alito dissented from the court’s 8-1 judgment, writing separately to explain why he thought states do have standing in court under these circumstances.
The case is United States v. Texas, No. 22-58 in the Supreme Court of the United States.
Breitbart News senior legal contributor Ken Klukowski is a lawyer who served in the White House and Justice Department.
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