Thursday, July 11, 2019

THE 9TH CIRCUIT COURT FOR THE INVASION OF AMERICA REWRITES IMMIGRATION LAWS

9th Circuit Court Rewrites Nation’s Immigration Laws

July 10, 2019 Updated: July 11, 2019
Commentary
Unrestrained by the strictures of the U.S. Constitution, judges in the 9th U.S. Circuit Court of Appeals have wrested so much lawmaking authority away from the people’s elected representatives in Congress that they are now rewriting U.S. immigration law by judicial fiat, conservative critics say.
Accusing it of relentless liberal bias, Republican lawmakers have tried for years without success to break up the San Francisco-headquartered circuit, which is by far the largest of the 13 courts of appeals, with 29 active judgeships. Within its 15 federal district courts, there are 112 judgeships. The circuit entertains appeals from Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, Washington, Guam, and the Northern Mariana Islands.
Sometimes called “the nutty 9th” and “the 9th circus” by detractors, the circuit is the most reversed of all 13 federal circuits. Since 2007, at 181 cases, the Supreme Court has accepted more cases from the 9th than any other circuit, overturning 138 of those lower court rulings, according to Ballotpedia.
“They’re not judges; they’re just political activists,” Susan Carleson, chairman and CEO of the Alexandria, Va.-based American Civil Rights Union (ACRU), told The Epoch Times in an interview.
Dan Stein, president of the Federation for American Immigration Reform (FAIR), lamented the sorry state of the 9th Circuit in an emailed statement.
“True to form, President Trump—through his forceful leadership—has made his political opponents within the Judicial Branch identify themselves in ways they never would intend,” Stein told The Epoch Times.
“The composite picture is clear: The Judiciary—with the complicity of the ACLU and allied partisans—is trying to run the nation’s immigration program without regard to the downstream consequences of its politicized judgments.”
In conservatives’ view, the latest outrage came July 2 when Seattle-based U.S. District Judge Marsha Pechman, a Clinton appointee, effectively rewrote a 1996 law requiring the detention of asylum claimants, in a case known as Padilla v. ICE.
As Daniel Horowitz put it at Conservative Review, the judge invented a Fifth Amendment right for claimants to be released on bond and then kept on inventing.
“She went a step further and required that all those within custody receive bond hearings within seven days, that the proceedings of the immigration court trials must be recorded, and that the immigration judges must provide explanations for the basis of denying bond.”
Pechman also defied 130 years of case law by placing the burden of proof “on the government, not on the alien, to show why these people shouldn’t be released.”
Pechman is “creating an impossible situation,” said the ACRU’s Carleson.
“She’s creating law out of whole cloth,” she said. “Judges are supposed to interpret law, not create it.”
“The western part of this country is going to hell in a handbasket. Pity the people who live in the 9th Circuit jurisdictions.”
Federal judges in the 9th Circuit have been slapping down President Donald Trump’s executive actions since he took office—and without any constitutional justification, critics say.
Trump signed Executive Order 13769 on Jan. 27, 2017, which barred the entry of individuals from seven terrorism-plague countries—Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen. Derided by leftists as a “Muslim ban,” the idea behind the order was to place a brief pause on the admission of aliens from those troubled countries to give the new administration a chance to devise new strategies for dealing with visitors from those countries in ways that enhance U.S. national security.
It wasn’t much different from an executive order former President Barack Obama signed a few years earlier dealing with unstable nations.
Yet on Feb. 3, 2017, Seattle-based U.S. District Judge James L. Robart temporarily enjoined the government from enforcing the order. Days before, federal judges across the country had ruled against the order and blocked the removal of aliens from the country. In the Seattle case, Robart ruled, in effect, that everyone, everywhere on the planet, enjoys due-process rights under the U.S. Constitution, and that courts can second-guess a national security-related executive order based on something other than the actual words in the order.
Eventually, a more carefully worded Trump order, Presidential Proclamation 9645, that accomplished largely the same goals, was validated by the Supreme Court in December 2017. But critics say the president should never have to go such lengths to carry out his essential functions.
They say the law has traditionally been that the president is entitled to great judicial deference when it comes to dealing with foreigners present in the United States. They note that 8 U.S. Code § 1182 states:
“Whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may … suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate.”
In March of this year, a three-judge panel of the 9th Circuit broke new legal ground and defied Congress by ruling that those denied asylum possess a constitutional right to appeal to federal courts for more or less any reason.
“While everyone sleeps, the courts are abolishing all immigration enforcement,” Horowitz titled a column on the legal development.
Earlier this month, another 9th Circuit panel refused to rescind an injunction barring the Trump administration from using, on an emergency basis, $2.5 billion intended for the fight against illegal drugs to construct a wall along the southern U.S. border with Mexico.
San Francisco District Judge William Orrick issued a permanent nationwide injunction against President Trump’s Executive Order 13768, which would have withheld federal funding from sanctuary jurisdictions that refuse to cooperate with U.S. Immigration and Customs Enforcement (ICE). That injunction remains in effect.
This isn’t an exhaustive compilation of what conservatives consider to be immigration law-related overreaches by the 9th Circuit.
“It’s sad that the complexity of Federal immigration, administrative, and Constitutional law have tempted biased judges to try to usurp the management of immigration away from the Executive Branch,” said CAIR’s Stein.
“The public hasn’t got a clue. The judges are doing so while being blind or indifferent to the real world and practical consequences of their mistaken or mischievous judgments. These robed petit potentates are now routinely ignoring clear Congressional intent and statutory guidance. The cumulative result has been border chaos.”
Or as Horowitz put, “Either we push back against judicial supremacism, or we have no country left. There is no middle ground.”


Abolishing ICE Means Letting the Worst Criminals Imaginable Stay in the USA



The call to abolish ICE is repeated over and over again in American politics. This mantra is likely to be repeated with even greater frequency and intensity as the race for the Democrats’ presidential nomination heats up.
But what does ICE actually do?
A quick look at some of their actions from the past few weeks reveals the agency to be an unambiguous force for good.
Date: June 21, 2019
The street value of that much cocaine is north of one billion dollars. Though opioids have been getting almost all the attention whenever our country’s drug epidemic is discussed, thousands are killed by cocaine every year, too. The number is climbing as well.  The Washington Post notes that, “Overdose deaths from cocaine increased by about 18 percent each year during the five-year [2011-2016] period.”
Date: June 21, 2019
The man in question, Houcine Ghoul, was a strong supporter of ISIS, and believed in violently imposing Islam worldwide. In their press release on the matter, ICE gives this background to his case:
The investigation into Ghoul’s conduct began in April 2014 when Ghoul posted a photo online that explicitly displayed support for the Islamic State of Iraq and al-Sham (ISIS), a designated foreign terrorist organization. This photo displayed an individual holding a sign with the Arabic phrase, “The victory of the Islamic State in Iraq and Syria,” and then below in English, “ISIS,” and “N. Carolina, USA,” the state where Ghoul was then residing. The photo later appeared in an online propaganda video posted by others to display worldwide support for ISIS. Though he did not use his actual name or identity for the online accounts, Ghoul provided a self-description within the account, “Extremist, terrorist, tough, brain-washed, radical, I love explosions, booby trapping, beheading the enemy, and am among the supporters of establishing the religion with the sword.”
Later, when Mr. Ghoul applied to become an American citizen, he lied and claimed to have never been affiliated with a terrorist government or advocated the overthrow of a government. Now, he’s one less threat to worry about.
Date: June 24, 2019
ICE targets the worst of the worst, and notes that while all were in the country illegally, the arrest records of this bunch also included, "assault, battery, domestic violence, traffic offenses, driving under the influence, drug possession, drug trafficking, larceny, illegal re-entry after deportation, illegal entry, resisting officers, and aggravated assault with a deadly weapon.”
Looking over the details of this action also reveals how porous our southern border really is. Quite of a few of these criminals had been arrested and deported years ago. For example, one 25-year-old Honduran who had a prior conviction for aggravated assault with a deadly weapon had been deported before. Now that he has been apprehended, he faces “federal prosecution for re-entry after deportation.” Another arrestee, a 32-year old Mexican had also been deported before. This guy is an active gang member with prior convictions for robbery, evading arrest, and aggravated assault.
Who wants these thugs in America?
Date: June 25, 2019
Here again, we see how ICE only targets active criminals -- often of the most despicable sort. They make this as clear as can be:
ICE deportation officers carry out targeted enforcement operations daily nationwide as part of the agency’s ongoing efforts to protect the nation, uphold public safety, and protect the integrity of our immigration laws and border controls….  During targeted enforcement operations, ICE officers frequently encounter other aliens illegally present in the United States. These aliens are evaluated on a case-by-case basis, and, when appropriate, they are arrested by ICE officers.
The rap sheet of this round-up included, “drug possession, assault, dangerous drugs, illegal entry, larceny, marijuana possession, possessing a weapon, failure to identify and identity theft.” The most monstrous of them all being a Honduran man wanted for the rape of a minor.
So when politicians say they want to abolish ICE, are they saying America should give these people citizenship and leave them alone?
Date: June 26, 2019
Another case of a horrendous human being committing crimes in the US after having been deported. This man, José Ramón Aguilar-Moreno, had been sent back to El Salvador in 2003 after he was convicted of sexually abusing a child. But he came back and started posting child pornography to Facebook. He got busted and now faces up to 80 years in prison.
When Kamala Harris says she wants to abolish ICE, is she hoping for the support of men like this?
Date: July 3, 2019
In 2016, Michael Cerdas Molina was convicted of sexual assault against a minor in his native Costa Rica. He tried to dodge prison time by hiding out in the US. But now ICE has busted him, and he will complete his sentence in his homeland.
Under what rationale should this man have been allowed to stay here?
Date: July 3, 2019
The prior convictions of this group is enough to give you goosebumps: “three counts of murder, two counts of rape, two counts of aggravated assault, five counts of aggravated assault with a weapon, two counts of assault, sexual assault,  three counts of attempted murder, burglary, child abuse, lewd act on a minor, driving under the influence, larceny, stolen property, two counts of firearm possession, two weapon offenses, traffic offence, forgery, three counts of robbery, resisting arrest, auto theft, and seven drug convictions.”
Now each and every one of them is back in Cambodia where they came from, and headed for prison, where they belong.
Supporters of terrorism, drug-peddlers, murderers, rapists, child pornographers, and violent criminals. These are just some of the terrible people ICE has rid us of in just the last three weeks.
ICE shouldn’t be abolished; it should be expanded.

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