Lower courts are undermining President Trump’s America First immigration agenda.
And, as expected, the Ninth Circuit is the culprit in this case.
In an article for the Conservative Review, Daniel Horwitz explained the implications of the Ninth Circuit’s recent ruling.
In his view, the courts “have fabricated a constitutional right for those denied asylum to appeal to federal courts for any reason.”
It’s no secret that the U.S.’s asylum laws are heavily exploited by immigrants, much to the country’s detriment.
Many immigrants turn to the “credible fear” of persecution claim to game the immigration system. Horwitz broke down how far some immigrants will go to exploit this part of the system:
Hundreds of thousands of migrants are flooding our border, claiming the formula of “credible fear” of persecution.They get to stay indefinitely while they ignore their court dates in immigration court. Because of an amalgamation of several prior activist court rulings, mainly by this very circuit, roughly 90 percent of credible fear claims are approved by asylum officers and the claimants shielded from deportation, even though asylum status is ultimately rejected almost every time by an immigration judge. Unfortunately, by that point it’s too late for the American people, who are stuck with the vast majority of these claimants remaining indefinitely in the country.”
But the story gets worse when taking into consideration the implications of this ruling:
Yet rather than ending this sham incentive, the Ninth Circuit drove a truck through immigration law by asserting that there is now a constitutional right for even the few who are denied initial credible fear status and are placed in deportation proceedings to appeal their denials, not just to an administrative immigration judge but to a federal Article III judge for any reason.
This strategy of litigating against deportation is how many legal immigrants prolong their stay in the U.S. From the bigger picture, lowers courts have engaged in this behavior to create legal, political, and policy momentum for creating new rights especially on issues like abortion and gay marriage. Now this is extending to immigration.
Unfortunately some Supreme Court justices, like John Roberts, has sided with liberals on the court to block Trump’s attempts to enforce his new asylum rules.All in all, this does not bode well for the Trump Administration’s immigration policy. This is just a reminder of how ingrained open borders are among political elites at practically all levels of government.
Political elites can enjoy talking about the virtues of open borders from their lofty mansions, but the rest of the country will eventually see crime rise and otherwise pristine neighborhoods turn into ghettoes.
Although globalists don’t have control of the entire federal apparatus, they can still use unelected lower courts to carry out their bidding and undermine Trump’s nationalist agenda.
If Trump is serious about immigration, he needs put the clamps on these lower courts’ shenanigans.
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