The issue of illegal aliens being detained while awaiting their transport out of the country is destined to eventually hit the Supreme Court.

Several courts of appeal have split on the issue of whether illegal aliens can be detained during processing out of the country with some saying yes and some saying, no.  The Nineth Circuit Court of Appeals weighed in today and also said no, with a rather goofy and odd reason in their opinion. [Court Ruling Here]

The 9th CCA doesn’t like the term “illegal alien” so they use the politically correct term, “unadmitted aliens” to describe non-Americans who are in the country illegally.  Technically, the entire population of planet Earth is “unadmitted” to the United States, so far. However, as Orwell noted twisting the jargon makes it easier to violate common law.  I digress.

According to the 9th CCA because no other President has attempted to round up the tens of millions of illegal aliens, it must mean that detaining tens of millions of illegal aliens, while the govt processes them out, is unlawful.  In essence, it hasn’t been done, therefore it must be against the law.

[Page 5] …”That no Administration has ever found a duty mandatorily to detain unadmitted aliens present in the interior of the country is strong evidence that [such duty] does not exist.”….

Because Reagan, Bush, Clinton, Bush, Obama and Biden never detained illegal aliens, the Ninth CCA uses their failure to protect the nation as an affirmation that protecting the nation is not the goal of immigration law.

This is how far away from commonsense we have traveled in this bastardized lawfare judicial system.

(VIA POLITICO) – ““The government’s change in policy has resulted in detained aliens filing thousands of habeas petitions in federal courts across the country, seeking bond hearings and possible release from detention,” Judge Daniel Bress, a Trump appointee, wrote for the majority. “The implication of the government’s position is that Congress in 1996 made a major change to the immigration laws by subjecting millions of unadmitted aliens present in the United States to mandatory detention, but that this change then went unnoticed and unheeded, with the Executive Branch for the next three decades … We accordingly do not think that Congress in 1996 made such a large-scale change to our established system of immigration detention in the way that the government now contends.” (more)

Share