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'Judicial tyranny on steroids' creates arbitrary sanctuary

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First the Obama administration reduces deportations to their lowest level in a decade, then a federal judge decides even those aliens the Obama administration wants to deport should effectively be granted amnesty.


That is what happened recently when Judge John Lee of the Northern District of Illinois issued an order voiding thousands of Immigration and Customs Enforcement detainers in Illinois, Indiana, Kentucky, Kansas, Missouri and Wisconsin – the states where plaintiffs had filed a class action lawsuit.


This federal order will prevent ICE from placing detainers on many of the illegal aliens held in local jails in those six states, according to Daniel Horowitz, senior editor at Conservative Review and author of “Stolen Sovereignty: How to Stop Unelected Judges From Transforming America.”


“This radical violation of American sovereignty – judicial tyranny on steroids – will have the effect of creating a judicial sanctuary for sanctuary cities and prevent the Obama administration from detaining even the few illegal aliens they are pursuing,” Horowitz wrote in a recent column. “You heard that correctly, a federal judge wants to grant de facto amnesty to those even the Obama administration wants to deport!”


ICE commonly issues detainers on people suspected of being in the United States illegally whom local officials have arrested, but who are set to be released soon. ICE asks local police to hold the prisoner for 48 hours if they have reason to believe the person is an illegal alien; this allows ICE to capture criminal aliens before they are released back into the public.


Lee ruled ICE must obtain a warrant for every illegal alien before issuing a detainer unless they can verify the individual is a flight risk. In Horowitz’s view, it’s ridiculous for the judge or the administration to wonder if any illegal alien is a flight risk. He said there is evidence the Obama DOJ put up a half-hearted defense of federal immigration enforcement laws in this case.


“As Judge Lee noted, the DOJ essentially agreed with the Soros-funded immigration groups that there is no ubiquitous flight risk among illegals,” Horowitz explained. “That is scandalous. By definition, illegal aliens with no documentation are the consummate flight risk, which is exactly why the relevant statute, 8 U.S.C. § 1357(a)(2), calls upon ICE to apprehend illegal aliens without a warrant when the suspected alien ‘is likely to escape before a warrant can be obtained for his arrest.’


“For example, we know that 84 percent of family units from Central America that received a notice to appear before an immigration judge absconded and disappeared into the population before the final decision in 2014-2015, yet this judge feels that none of them can be detained. Among young illegal aliens who have crossed over in recent years, 90 percent failed to show up for their hearings, according to data from the House Judiciary Committee. The notion that illegals who have been arrested for crimes but never apprehended by the feds in the first place are not a flight risk is insane.”


Who REALLY rules America? Stand up against the unelected tyrants in black. Find out how in “Stolen Sovereignty: How to Stop Unelected Judges From Transforming America.” Available now at the WND Superstore!


Horowitz noted this decision will codify sanctuary city policies throughout the six named states, even in places where local law enforcement wishes to follow federal immigration law.


Furthermore, Horowitz finds it “astounding” that illegal immigrants could attach themselves to this lawsuit, which was brought by a U.S. citizen, and secure a sweeping judicial order to halt detainers in six states.




“In this case, the U.S. citizen, Jose Jimenez Moreno, can file a civil suit against the government if he wants to get revenge,” Horowitz conceded. “But how do illegals get standing for relief when they are not even allowed to be in the country and how can a judge legislate immigration policy from the bench?”


Horowitz sees this as part of a troubling trend of giving illegal immigrants the rights of citizens. While it was long considered settled law that non-citizens had no right to stay in the U.S., liberal lawyers have changed that understanding in recent years. Horowitz affirmed a sovereign country has the right to apprehend any alien with the goal of deporting them. The only judicial review to which an alien is entitled is an appearance before an administrative official to ensure the person is not a U.S. citizen.


He cited an 1892 Supreme Court writing: “As to such persons, the decisions of executive or administrative officers, acting within powers expressly conferred by congress, are due process of law.”


“Yet, over the past number of years, the courts have overturned this settled law and have now made their supremacy over sovereignty its own form of ‘settled law,’ a premise adopted, at least in part, by much of the conservative legal profession,” Horowitz charged.


He does not believe this paradigm will change under a Republican president, because the illegal immigrant lobby will use the lower courts to “litigate every last deportation to death.” For Horowitz, the answer is for Congress to reclaim its rightful power over immigration.


“That Congress can just sit idly and watch lower courts – which are a complete creation of the legislative branch – grant citizen rights to dangerous illegal immigrants reflects the ultimate breakdown of our system of governance and is a gross violation of the social contract.”


Who REALLY rules America? Stand up against the unelected tyrants in black. Find out how in “Stolen Sovereignty: How to Stop Unelected Judges From Transforming America.” Available now at the WND Superstore!


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