This is one step further than simple Lawfare, this story is about lower court judges openly strategizing ways to stop the enforcement of laws they are supposed to uphold.
Last week the Fifth Circuit Cout of Appeals ruled that detaining illegal aliens during the deportation proceedings is entirely following current immigration law [SEE HERE]. Now, according to Politico, federal judges in Texas are openly strategizing ways to work around that higher court ruling and keep giving bond releases to illegal aliens under the guise of “liberty interest.”
POLITICO – […] two federal district court judges in Texas, who are bound by the New Orleans-based 5th Circuit’s ruling, said the 2-1 decision left an opening for them to continue granting immigrants’ release on other grounds, primarily constitutional arguments against detaining people who have established roots in the U.S. without due process. Those roots amount, in legal parlance, to a “liberty interest” that the Constitution says cannot be taken away without at least a hearing before a neutral judge.
“This conclusion is not changed by the Fifth Circuit’s recent decision,” Judge Kathleen Cardone, an El Paso based appointee of George W. Bush, ruled late Monday in at least five cases, concluding that the circuit’s decision “has no bearing on this Court’s determination of whether [the petitioner] is being detained in violation of his constitutional right to procedural due process.”
Judge David Briones, an El Paso-based Clinton appointee, reached a similar conclusion.
“The Court reiterates its original holding that noncitizens who have ‘established connections’ in the United States by virtue of living in the country for a substantial period acquire a liberty interest in being free from government detention without due process of law,” Briones wrote.
The decisions from the Texas-based judges are notable in part because the administration has often rushed detainees there after their arrests in other states such as Minnesota.
A spokesperson for the Department of Homeland Security did not immediately respond to a request for comment.
A Justice Department official, granted anonymity to speak candidly, said the rulings were in keeping with the view that there are rogue judges who continue to make results-oriented decisions to suit their personal policy preferences.
The 5th Circuit’s ruling has yet to percolate through federal courts across Texas and Louisiana, where detained immigrants have been filing so-called “habeas” petitions in extraordinary numbers to seek freedom from what they say is illegal detention without the opportunity for bond. The losing parties in Friday’s ruling may still appeal the decision to the full bench of the 5th Circuit or the Supreme Court. (more)
Lower courts trying to circumvent higher court rulings, even before any plaintiff brings them a case or argument.
This is judicial activism in the extremes.
What about my liberty access, after growing up with affirmative actions… hey! I know!!! Restitutions!!!
Kick the free loading n bums OUT!
SCRAM!
The judiciary is just another layer of protection for the deep state and the uniparty.
Does the action of these conspiring judges rise to the level of sedition?
seemingly, “judicial activism in the extremes” is a soft euphemism for treeson
It’s certainly Judicial malpractice. They are supposed to judge based on the cases before them. If there is a framework or any “tests” to better make rulings which will survive appeal, THOSE tests need to be defined by SCOTUS. They are essentially trying to avoid SCOTUS by making consistent rulings in various courts to prevent “conflicting rulings” from escalating the cases to SCOTUS.
SCOTUS will not like this at all. Generally, an amicus brief is used to submit information and suggestions to SCOTUS as it relates to a case they are working. So I’m not certain how a complaint about this inappropriate collusion could be registered with SCOTUS for an opinion.
SCOTUS is compromised. Anything that keeps them out of the hot-seat will likely be welcomed by SCOTUS. In fact, I might even say the whole plan could have been HATCHED by one or more SCOTUS justices.
Chief Justice Roberts is a globalist tool appointed by Bush #2 to subvert our law he won’t remedy the situation.
If Obama is the father of Obamacare, then Roberts is the mother.
Lets cut it open to see whats in it
At every speech to the nation President Trump has made before congress, Justice Roberts showed great disdain for President Trump. You could just see it in his face AND in his body. It is more than a tell. He is not in accordance with what most Citizens want and is a cowardly compromised judge IMO. What a mismatched mess of judge as chief justice.
From back in the days when conservatives trusted Dubya, which CK will never do again.
But, as I just stated below, Congress created all of these Courts, and set all of their Rules. “Article 3” did not give the Supreme Court (that it created) unconstrained power. Instead, it placed it as the supreme entity over a Court structure that Congress created. In this way, the “Judicial” power was “checked” by the “Legislature.”
The upper and lower chambers of congress are as corrupt as these judges. He is going to have to do something as radical as San Salvador did. How? Pres. of Salvador said he and his cabinet went into concentrated prayer and then impeached all the judges.
Lower court judges “openly strategizing” ways to countermand a higher court’s ruling without even a case before them? This is entirely illegal and these creatures should be removed from the bench at once.
Unfortunately, as the conspirators are Federal judges, only the Senate has the power to do so…and we know what that means.
Trump is going to need a 3rd term and I am ALL FOR IT. I’m not terribly interested in whichever “apprentice” Trump endorses as his successor. I do NOT want to see “President Omarosa”
Been thinking the same thing since November ’24 when I saw McConnell arranging his place in the Senate to do the most damage to PDJT personally for the next two years.
In what manner is this not Obstruction of Justice?
in the manner of which another “judge” will not allow it to go forward as a prosecution. much like the seditious six just had their charges dismissed with prejudice.
if you still believe the republic is meaningfully in effect with its attendant laws, i wish you well.
if you think it is fundamentally broken and the law of the land is not actually operating, then the only way something is a crime is if a “judge” deems it so.
yes, we have fallen far into the hell of political law. and there is no urgency to correct, instead preferring to wait for saviors that come by voting. what a joke.
Only We the People can fix this!🇺🇲
The Fifth Circuit ruling is the proper one. The immigration laws do not include any section, clause or paragraph that states if an illegal migrant manages to avoid apprehension long enough to get something called a “liberty interest,” a term that is not included in the governing statute covering immigration matters, then the migrant has done the equivalent of spinning the Wheel of Fortune and winning a million dollars: the migrant gets to stay in the United States, no questions asked. No, the migrant is here illegally, so the migrant gets to leave the United States.
Might I also inject the following observation?
These are not really “illegal immigrants.” What is really happening is: “HUMAN TRAFFICKING.” Which is probably the oldest, yet most lucrative, “crimes against humanity.”
These people are being brought(!) here, but never offered any pathway to “immigration” or even “legal status.” Which makes them de facto slaves. And this is entirely by design.
“Jump right in to that tank of insecticide, hombre! Because, if you don’t, the Federales are gonna come and get you!”
It ain’t pretty, folks.
After 14 years of following this site, someone has finally said this out loud. The Democrats still miss their slaves and these illegals fill in nicely.
I believe that will be the ultimate outcome….as slaves. And democrats and autopen Joe malarkey are accused.
But lets no forget as we are very near a fundamentally important piece of legislature. ID VOTING REQUIREMENTS.
the radicals were counting on defrauding another election. They need those illegals and would depend on them for illegal ballots to again conduct another coup.
it’s just not going to work. All hands this time. Team Trump has a plan even if congress cannot get this over the end zone.
But we should demand and take note of every single congressional member who votes against this important national security issue.
God Bless America
Illegal means against the law. If you violate the law, you are a criminal. Call them what they are, CRIMINAL IMMIGRANTS. They are criminals.
People in the country are entitled to no Constitutional rights. They are entitled to immediate deportations.
“Constitutional rights” belong to those of us who abide by and have sworn to uphold the U.S. Constitution: not every Juan, Slick, and Muhammed who have zero regard for our country and culture
Granting illegal aliens a “liberty interest” is like granting bank robbers the right to “keep the money.”
Hmmm, or maybe deciding not to investigate and hold accountable members of CONgress who steal $40 MILLION taxpayer dollars!
The legal concept of “liberty interest” of illegal immigrants is as valid as “squatters rights” in your home because you went away on vacation!
It’s a completely manufactured legal right by rogue judges. No governor in any state has signed a law that a squatter may take position of your home because you’re not there!
Is Trump’s brother in the background there part of this leftist bs
Kinda looks like Elon.
Who the hell is in control here?
marxists.
Soft Coup comes to mind….
Each justice or judge of the United States shall take the following oath or affirmation before performing the duties of his office: “I, ___ ___, do solemnly swear (or affirm) that I will administer justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as ___ under the Constitution and laws of the United States. So help me God.”
(June 25, 1948, ch. 646, 62 Stat. 907; Pub. L. 101–650, title IV, § 404, Dec. 1, 1990, 104 Stat. 5124.)
the Constitution is not meaningfully in effect in this former republic. as such, their oath is irrelevant unless and until someone decides to restore the republic and enforce its laws.
As I have said before, Congress, not the SCOTUS, must be the one to step in and resolve this “issue.”
The Constitution, in Article 3, created only one Court. It then tasked Congress with creating the entire subordinate structure. Which it did, in the first Congress, with the “Judiciary Act.” (From time to time, Congress has then created additional Courts.)
Therefore, it is Congress who must now finally resolve this “issue.” Since it created all(!) of these “inferior Courts,” and set the rules of procedure for all(!!) of them, it must now legislate a final solution.
Here’s yet another artfully-concealed separation of powers. Although the Supreme Court presides over the entire Judicial structure, it did not create it, and cannot alter it.
If Congress now changes the rules that it(!) originally set, then the entire “Third Branch” must abide by it.
I do not believe that we can expect “SCOTUS” to fix this problem. Instead, I consider it to be an error – now apparent – in the Congressionally-set Judicial structure. I think that the only way to resolve the problem is to change the rules.
MR, by the laws and procedure of the Constitution of our republic, i would agree with you fully.
but i think we need to ask whether there is a plausible path to that actually happening at this stage of the empire’s collapse?
“That is up to US!”
I seem to recall that, in the past, both the Germans and the Japanese thought that we were “weak.”
In life, you don’t get what you deserve. You get what you are willing to fight to the death for.
indeed. my variation is “we get the government we consent to.”
and all that is required for consent is passivity.
i do not believe there is any plausible path to the government agreeing to fix itself, short of the people coercing them to do so. and i further do not believe ANY vote will be seen as coercion. we can follow this up with all the “you must be a fed” canards that we want. i am not advocating for anything in particular. i am simply stating what i observe and believe.
Mike, as I have said before,
Which Congress are you referring to? One in a parallel universe?
More importantly the Courts under John Roberts as Chief Justice will not step in to take any action.
So if the courts will not stop this nonsense the Congress must. And Congress should stop this nonsense harshly and permanently to send a clear message. Permanently limit the freedom of District courts to rule on anything except the specific details of the case immediately before them.
https://news3lv.com/news/nation-world/nc-sheriff-cant-name-his-branch-of-government-mistakenly-calls-it-judicial-iryna-zarutska-ice
until the govt class is afraid to mess with We the People, they will keep doing this. elections we win dont matter. judicial rulings we win dont matter. laws we get passed dont matter. they wont fear for their lives until their lives are in the balance.
Sri Lanka?
And they went out of their way to ensure that J-6 put a stop to that!
j6 should not have went to congress. it should have went to their houses. the judges, the staffers, the congressman, the lobbysists, the govt employees, and torched it all to hell.
“Nothing in the Constitution has given them [the federal judges] a right to decide for the Executive, more than to the Executive to decide for them. . . . The opinion which gives to the judges the right to decide what laws are constitutional and what not, not only for themselves, in their own sphere of action, but for the Legislature and Executive also in their spheres, would make the Judiciary a despotic branch.” (Letter to Abigail Adams, September 11, 1804)
Th Jefferson
There you have it, these radical judges unanswerable to a higher court are despots.
Yep, I’m probably not the first to say this, but anytime a Fed judge says something is “Unconstitutional” it is imperative that the Executive Branch thank them for their input followed quickly by “That’s what one branch of the government says. The Executive Branch says that it is Constitutional.”
Then point out that Fed judges are a creation of Congress and as such do not carry the same Constitutional weight as SCOTUS. They are basically assistant coaches on a football team, not the HC.
Exactly Hokkoda
Much of the Judiciary has become as corrupt as most Uni-Party Politicians, Federal Bureaucrats & Seditious State & Local Political Class. If Communist Democrats take control of Congress once again, I fear the die is cast as America’s rise as the New Soviet Union.
“…………lower court judges openly strategizing ways to stop the enforcement of laws they are supposed to uphold.”
Openly strategizing, or openly conspiring? What should we make of this? Could those judge’s actions be interpreted the same at any other time in our history as they are today?
I simply repeat: “Read(!) Article 3!”
“… and in such inferior Courts as the Congress may from time to time ordain and establish.”
The first Congress did so, passing the “Judicial Act.”
Ultimately, it is Congress who constrains the Judiciary, by completely defining the “inferior Courts” structure over which the Supreme Court presides. And, all the procedural rules thereof.
I would like to point out the words used by our very wise founders: “inferior courts”. Meaning they are inferior (or subordinate) to the Supreme Court. Words were used in a very precise and meaningful manner when authoring our Constitution. The judiciary would do well to study them.
A quote from my dealings with the US Consulate in Melbourne, Australia:
No person who is not a citizen of the United States has a right to enter the United States.
Untill we confront, and our DOJ uses its powers to confront, our biggest enemy, the Uniparty Right wing. Until then we will not get our policies or justice and we will not be able to move forward on MAGA.
Matter of fact I believe Bondi is part of the Uniparty Right. The UR is happy to use the dems as their useful idiots and no get the blame for the republicans wanting the status quo that profits them. This is our predicament and I am starting to question our President on whats is his stance on this issue and when is he going to do the hard things.
The left as a political party is a farce but somehow the right keeps giving them legitimacy. It is obvious to all that this group of subversives are the enemy of our country and it’s people. Why are they not declared a terrorist organization? The citizens should throw this 20% to the curb.
It feels like 2018 all over again. This bs will continue until conservatives lose the midterms and the lefties will be in charge. Why can’t the America First agenda get enough people to make a difference?
I would hazard a guess and say that the overwhelmingly anti-Trump, anti-MAGA, anti-Republican coverage by the MSM as well as online has a great deal to do with it.
How many remember the term “A Hanging Judge” ????
Judge Roy Bean.Texas circuit judge
Judge Isaac Parker, of “Indian Territory” in the Late 1800s, was called the “Hanging Judge”, but Roy Bean was pretty close.
Sources:
Isaac Parker – Hanging Judge of Indian Territory – Legends of America
or,
Isaac C. Parker – Wikipedia
😉
Pasadena, California had a very special judge, Judge Frank C. Collier – his specialty was keeping child molesters out of Pasadena –
if you came before him in his court on a charge of child molestation and were found guilty, you had two choices:
you could go ahead and serve a nice long sentence in jail
OR
you could be castrated so that you no longer had that urge
Knowing about this judge and his reputation regarding child molesters making the mistake of doing anything nefarious in the City of Pasadena had a definite effect on making it NOT the place to try anything!
Outstanding~!
Good to read/hear about those who are judges who do the Right thing, instead of otherwise.
Thanks for sharing & GOD Bless~!
Let me guess this straight. President Trump has to break the law because of lower court judges are forcing him to he break the law?!
President Trump has to abide by immigration laws.
Ignore tyrannical judges that are breaking immigration laws.
Why Sundance didn’t mention this in his article?
No branch of government can force another branch to break the law.
These are not ‘immigrants’ of any type they are illegal aliens illegal being the legal definition. Sorry Kathleen the 5th circuit does overrule your sanctimonious Bush inspired globalist doctrine. Like the liberal wing of the globalist, the Bush wing of the globalist are showing themselves.
That’s true! Under immigration law the term “immigrant” is applied to legal applicants not illegals who are called “aliens”.
I would add the law makes a distinction between “Immigrant” and Non-Immigrant. Every alien applying for admission is assumed to be an immigrant until they can prove otherwise.
Meaning, to enter as an immigrant you must have been granted an Immigrant visa (abroad) that allows you to remain and be employed.
All other non immigrant alien categories applying for admission must be able to prove they maintain permanent ties to their home country and intend to return. You don’t get to get a visitor visa to go to Disneyland and then stay, get a job and buy a house. They must abide by the terms of their particular visa category. Example being a “student” visa holder is expected to go to school with the intention of going home, and their are limitations to employment.
Of course this is all crazy talk because every obstacle imaginable has been deployed for 50 years to ensure the immigration law is not enforced. This is all par for the course.
“This is all par for the course.”
As we continue to play a seemingly never ending game of whack-a-mole……
I’ve said it before and I’ll say it again: the best solution to this is congressional subpoenas targeting the judges to explain the legal basis for their actions. All Congress needs to do is state that they are debating legislation affecting the size and scope of the Federal courts. (ie, the judges can’t squash the subpoena).
On the Executive Branch side, impanel a grand jury to evaluate conspiracy to subvert and evade the Immigration and Naturalization Act.
Indictments give Congress a second weapon, impeachment, as part of its 1-2 punch at the courts. Funding and scope being the lead punch.
The words tar and feather come to mind.
Convicted and incarcerated ring a bell too.
if you get away long enough, you’re not a criminal — Ahh! so, Queen of the wild-eyed loons Jazzy Crockett was right, “just because you committed a crime doesn’t mean you’re a criminal”
is this what it’s like to watch a civilization fall? sometimes I feel like a Roman citizen, circa 450AD —— cue Cicero …
Do illegal aliens even have “Constitutional” rights?
If they are illegal freeloaders who have never sworn to uphold the laws of our land — how can they have Constitution rights?
What am I missing? How can these “judges” and all the leftists say law enforcement officers are breaking the law by not allowing criminals to illegally stay here?!
Mental illness? Or just pure evil? Both?
One is either “in” or one is “out.” There is no middle ground. These people might be given amnesty, but they should never be allowed to vote for their natural lifetime as they are lawbreakers.
Sounds like conspiracy to me. Time to prosecute them under the RICO laws .
Any person who has gone through the immigration courts has had ‘due process’. I don’t understand why these judges are allowed to get involved when specific courts have been set up to solely deal with immigration.
They aren’t supposed to get involved, they just inserted themselves into the process and no one has done anything about it.
THAT is a very good question!
Sounds like ‘Squatters Rights’. Can their legal theory be tested by Squatters on the residences of these judges?
“……Those roots amount, in legal parlance, to a “liberty interest” that the Constitution says cannot be taken away without at least a hearing before a neutral judge.”
Neutral judge?
what is hard to understand?
1. illegals have no due process expectations or rights.
2. subordinate judges and courts can not countermand those whom are superior.
they get it and need to be immediately be held to account.
These higher courts need to seal these loopholes in the first place.
These are just more judges to join that Judicial Hall of Shame that has been plaguing this country in boatloads the last decade. How can our judicial branch of government deny due process to more than 700 US citizen protesters who went to the US Capitol January 6, 2021 to protest the stealing of an election and they ended up rotting in jail for years without being allowed to exercise their constitutional right to due process? Balance this against this latest judicial determination that illegal immigrants should be allowed due process because of “established roots liberty interest”, even though they have undeniably broken the law by entering the US illegally.
Over the last years we have watched our constitution turn into a super big rubber band as we watch the stretching of constitutional principles in order to reach pre-determined outcomes. Consider a few of the cases the public has been allowed to have knowledge of: the non-stop torpedoing of Donald J. Trump, both private citizen and US President; the Tina Peters episode in Colorado; the across-the-board denial of court case evidence in election challenges; the laughable Arizona fraudulent elections as well as the other swing state cases; and the now refocused Georgia Fulton County debacle. If you had the opportunity to watch these trials on line, it is so obvious that many judges that were appointed or elected to their esteemed positions of authority are nowhere near capable of putting on the blindfold of Lady Justice and parking their political biases at the front stoop of the Hall of Justice. In fact it is my well placed opinion that not only should they not occupy space on the judicial bench, but they are not worthy of occupying any space on a park bench.
There’s nothing more disgusting in government than corrupt black robes. I say off with their heads!
It’s funny as hell that those who are supposed to uphold the law are breaking it and not one damn thing is done to them by the state or federal governments.
Due process for illegal immigrants is arrest, detainment, and deportation.
And those judges need to be impeached.
So, it appears we do in fact have Kings. They sure are pushing for a civil war aren’t they.
If I were PDJT I would have a serious meeting with Chief Justice Roberts regarding this situation admonishing him to stop this judicial overreach. Roberts, if he had some balls, would suspend these rogue judges without pay for 5 years and fine them at least one year’s salary. This would straighten the situation out
That won’t make a whiff of a difference. Roberts hates Trump. That’s it in plain straight language. He doesn’t care about the Constitution or law. Roberts will go out of his way to destroy Trump. He doesn’t care about actual US citizens who voted for Trump.
Roberts has no authority to suspend or fine any of them. All he can do is vote to overturn their decisions. But I agree, pressure should be put on Roberts behind the scenes and he can relay messages to these rogue judges.
Corrupt judges are a sign of a dying empire.
This is why they cheated so hard to get Biden in.
Citizenship by adverse possession?
None of these leftist Communist judges or really ANYBODY in power hardly ( if at all )made peep as the border was wide open and plane load after plane load of illegals invaded our country for 4 years!
I say follow the money because really at the end of the day that’s what this is all about.
They have no shame, no conscience, and apparently, no soul.
” If I were President…or Congress should… or John Roberts should… or off with their heads…or lock them up…
What good does impotent venting do? We can pretend that those ideas have enough support to be carried out, but they don’t.
There are laws that are on the books, and laws that are enforced. There is a large majority that want immigration laws enforced, but there is also a significant number of citizens who want some kind of mechanism to allow hard working useful people to prosper in the US.
One policy that has some support is the self-deportation with free air fare and a bonus.
Can there be a program to allow non citizens to work, never become eligible to vote or receive welfare (except SS retirement), and their children can apply for citizenship after age 18?
Chain migration, birthright citizenship, welfare for illegal immigrants are all in need of better legislation and enforcement. It requires debate and convincing both Republicans and Democrats to act.
tragic irony aside “liberty interest” is a borrowed, cheaply designed, contrived legal theory that is actually embraced by our lawless southern border shithole, formerly called mexico.
depravation of liberty is a crime in Mexico. And this is why so many criminal actually go there. They have legal protection against the long arm of the law in the US. The number of extradicted serious criminals back to the US tells the truth about this.
It’s dismally small, that number.
what these judges are doing is leasing a legal theory based on mexican law. Which by no coincidence places more protections for serious criminal that is a wall for prosecutors to climb over (and usually fail) in order to simply arrest them for allegations of crime, and even when crimes have been predicated with fact and evidence and witnesses. This is just one of the reasons why it has been a non starter for the US to Vet who these people are, if they have a criminal record. Mexico does not share it, nor do most other southern American nation states. It’s like self reporting your income. No bank (at least not after the mortgage fraud and credit derivative crash happened) would allow such. And yet under biden, his administration was just fine with allowing anyone to make any claim and there was no verification. And then allowed to skip around and no one knows where they are now. Millions.
Note….back in the early 80’s there was a presidential order to deny migrants from Haiti and other Caribbean islands to float into the US EEZ. I was part of that interdiction mission. It was heart breaking but necessary. They were the worst of the worst. Their own islands could not handle them. So they looked the other way while these criminal tried to make the US their new place of operation to commit more crimes. Looking back I have no regrets ..and certainly while I look at what has happened the US and the harm that has happened by the Biden autopen for allowing these people into OUR COUNTRY, I know it was the right thing to do. We could not have imagined what would have happened if the President at that time was weak on border policies and national security. he was not a coward. He was a true American patriot. Despite his failures (war, unnecessary and defrauding the american people in drawing us into it), he was right about protecting our nation from these illegals who try to come here.
there is a process for immigration for a reason…beyond just the law, common sense would tell you that there must be a reason why they leave their own country….perhaps to escape justice themselves?
God Bless America
Trump should listen to Nayib Bukele instead of Susie Wiles.
The statement “they are OPENLY strategizing”.
They have no fear of being held accountable or upholding our laws.
What happens to civilization when the laws are “openly” disobeyed.
‘two federal district court judges in Texas, who are bound by the New Orleans-based 5th Circuit’s ruling, said the 2-1 decision left an opening for them to continue granting immigrants’ release on other grounds,
Criminal invading scum are NOT IMMIGRANTS!!!!!!
‘