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)
The following lifted from the Gateway Pundit Article on this story summarizes the Opinion of the 2-Judge Majority and the Dissenting Judge.
2 Notes:
First, this was the finding of the 3-Judge review and an en-banc hearing has not yet occurred in the 9th Circuit Court, awaiting appeal by the Government.
Second, Mitch McConnell strikes again … note that the lead Judge is a Trump/McConnell Appointee … highlighting the crap shoot President trump faces with ALL his appointees … contrary to the late Lindsey Graham’s BS statement “every President should get HIS choices approved, we gave Obama his”, President Trump is not and has never been afforded the same courtesy.
From the Gateway Pundit Article:
The majority, led by Trump-appointed Judge Daniel Bress and joined by Clinton-appointed Judge Margaret McKeown, held that aliens present without admission who are apprehended in the interior fall under 8 U.S.C. § 1226 (which allows for bond hearings) rather than the mandatory detention provisions of § 1225(b)(2)(A).
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The court claimed Congress in 1996 never intended the strict no-bond rules to apply to those who successfully snuck past the border and embedded themselves in American communities for years.
Judge Carlos Bea dissented, correctly arguing that the statute treats those who entered without inspection as “applicants for admission” who are “seeking admission,” and therefore subject to mandatory detention.
Bea pointed out the absurdity of (the Majority’s Opinion that) Congress requiring detention for those stopped at the border while letting those who evade detection and live here illegally walk free on bond to potentially abscond.
………………..
So, the ruling is even worse than stated by Sundance … the 9th circuit actually conferred rights to illegals who evade the Border Patrol (or as occurred under Biden … were Auto-pen transported to the interior) by declaring a different a different statute (law) applies if you can evade capture at the border.
Just to be complete … Judge Carlos Bea, who wrote the dissent, was appointed by George W Bush 2003 and is currently a Senior “Part Time” Federal Judge.
From a media optic point of view this looks really bad. A “Trump” appointee wrote the Majority Opinion as this should have been a slam dunk for the Government given two “Republican Judges” on the Panel. i can hear chief Justice Roberts now crowing … “there are no Republican nor Democrat Judges”
True.
Just Cartel Judges, like Johnny.
The way the majority Opinion is written (no matter how absurd) also means the President CANNOT ignore the ruling because it is grounded and tied to a Federal Statute by the Judges. Only an en-banc hearing and/or hearing before the Supreme Court can undo that the tie made by these Judges.
Judge Bea’s dissent is simply irrefutable. The Trump judge and the others are simply absurd fools.
I suggest all judges be subjected to a yearly test on the US constitution etc.
Wasn’t it the 9th Circuit which reversed the wildly popular Save Our State, proposition 187 in California 40 years ago, which would have saved CA and the taxpayers from the forever costs of the invasion?
The citizens tried to fight the invasion, government sided with the invaders.
“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.”
If precedent is so important to the 9th circuit, what about the millions of illegals that Eisenhower deported? It sounds to me that they are starting the story in the middle and ignoring a whole lot of very important precedent that went on in the 1950’s.
Even more absurd is that Obama bragged during his 2012 Presidential Campaign that he detained and deported more illegal immigrants than any other President before him.
That right there undoes the statement by the Majority. The ex-President (Obama) and his AG whom meet regularly with Judges from the 9th Circuit to discuss legal issues were the ones who disprove this statement.
Biden didn’t even consider detaining them. He allowed illegal entry like it was being pumped with the Chinese drugs on the south side of the Rio Grande!
This circuit has shorted out–at least on common sense and on what American citizens want and expect. What do you expect when you get “judges” with zero common sense but a true sense of vigilante justice?
Another travesty in justice in a third world nation. The great El Rushbo referred to this court as the ninth circus court.
That no Administration has ever found a duty mandatorily vaccinate or lock down its citizens is strong evidence that [such duty] does not exist.”….
Glad that can never happen.
True dat.
This SCOTUS took a 120-yo ruling about BS health mandate that levied a fine the same as jaywalking in the day cost and used that to put the entire nation under house arrest, force mask, force inject anyone any petty tyrant wanted to.
One of the many problems that arise with bad precedent, even when the stakes don’t seem that big and nobody would ever dream anyone would be that stupid and power-hungry to try.
Did I just dream that Obama put Illegal Aliens in CAGES at the border? Isn’t that DETENTION?
True but those cages were “at the border” … the illegals in question had evaded the border patrol and were already settled in the interior.
…a distinction without a difference.
Pure female logic argument. Pathetic.
“[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.”….”
That is some serious leftist nitwittery right there.
Many blue states/cities decided it was just too hard to go after, capture, prosecute and incarcerate criminals, so crime must be nonexistent so there must be no authority to stop it.
Nobody tried uncovering welfare, medicare, medicaid and many other methods of stealing from taxpayers, so fraud must be nonexistent so there must be no authority to stop it.
Is Jumanji Brown Jackson moonlighting at the Ninth Circus?
So is the 9th CCA overlooking the fact that Biden let in the quota for Reagan, Bush, Clinton, Bush, Obama and Trump? Doubtful. They simply don’t care. Unadmitted aliens? Their phrase. How about Robed Stupidity? That would be my phrase to describe the 9th CCA!
No other installed president ever abolished the border, sent fleets of jet-airliners to fetch the illegals for four years and then shuttled them around the interior with more free air travel.
But none of these Child Molester Judges objected to that.
“We accordingly do not think”
Truer words have never been written.
9th circuit court of commy liberal azzhats
long drop with a short rope is what they deserve
In the near future all minorities will out number White people in America. The Immigration and Nationality Act of 1965 opened the 3rd World floodgates. It was the beginning of the end.
unadmitted aliens…
If you are unwanted in my house you’re not an unwanted guest you are a goner!
Mayorkas was the biggest liar in this case. He kept lying about everything related to illegals and border patrol. Lies comparable to old Tony Fauci.
Didn’t some other federal judge say invaders couldn’t be shipped out immediately, they had to be detained? These criminals in robes need to be housed in an Octogon and they can fight each other for dominance over the country.
Lets face it, this is about President Trump. Their hatred of him is beyond insane. They care zip about illegal undocumented unadmired smelly aliens or the United States.
I say send Federal Marshals in arrest them and when they ask “why”. Treason. Then disappear them, sounds bad but look at what they are doing to our country. Time to bring the hammer down on this!
“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,” >
Neglecting to admit that an entire squadron of lawyers funded to do just this. Libby Emmons wrote an informative piece about the NGO that has lawyers on the ground for every street action, tracing the origins back decades. Last week sometime, either Post Millennial or Human Events.
This is not about civil rights. Even if these people were “otherwise law abiding” the one law the broke is entering ILLEGALLY. Period. End of story.
I’m “otherwise law abiding” but if I’m going 100 mph down I-85 and GSP pulls me over and writes me up, I’m still guilty of speeding and have to pay the fine.
Likewise, the “otherwise law abiding” illegals are guilty of illegal entry and the fine is deportation.
Get ’em the hell out….or ship ’em all to Mamdami-hell.
Every alien that entered the U.S. illegally, even if they are law – abiding “good people”, committed a criminal act.
Judiciary tyranny is alive and well in our nation of laws.
In my simple mind, if people come here uninvited to take what our country has, that is the same as an invading army (even if it is just one). Our borders are meant to act like a blockade against this. During the war for independence we routinely took the same uninvited and any blockade runners and placed them on prison ships until they could be sent back to where they came from.
National suicide coming if this deranged way of thinking and dealing with a literal invasion is allowed to stand. Why do we tolerate activist courts? Why do we pay taxes to a government that refuses to protect our borders? A reckoning is coming and Barrett will be a party to its unfolding into chaos. ( We win an election and yet we still contend with this. Unbelievable. )
There is another Barrett that is becoming more popular daily. Just saying
The 9th Circuit must have forgotten the USA PATRIOT Act whose provisions include “expedited deportation,” and the Alien Enemies Act that requires temporary detention. Here is what two immigration laws say about detention and expedited deportation:
Yes, the USA PATRIOT Act included strict provisions for the mandatory detention of specific non-citizens pending deportation proceedings, but it did not create the general conceptf “expedited removal” (often referred to as expedited deportation). [1, 2]
The actual framework for fast-track “expedited removal” was established years earlier under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA). However, the USA PATRIOT Act of 2001 significantly expanded detention powers in the context of national security and terrorism. [1, 2, 3] o
Mandatory and Indefinite Detention Powers
Under Section 412 of the USA PATRIOT Act, the federal government obtained expanded powers to hold non-citizens: [1]
Distinguishing the Two Concepts
While both laws deal with speed and control over non-citizens, they apply to different circumstances: [1]
Activists judges circumventing the law with convoluted critical theory might be the biggest threat of all.
SC will stupidly concur just like they screwed up birthright citizenship. Citizen Vigilante needs to get to work.
WTAF?!! And thank you, Sundance, for the Excellent analysis.
They don’t call it the “Ninth Circus” for nothing…….