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)
And they paid good money to go to Law School?
A lot of money to be trained in how to derive nonsensical pretzel logic out of plain law.
Lest we forget, lawfare runs parallel to the philosophy within Alinsky’s Rules for Radicals.
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say we don’t know what an unadmitted alien is and continue and we dont; acknowledge the term. We are rounding up criminals aliens, that need to be in prison. Deport them the same day, which would speed up the process.
They are illegal aliens, let’s call them that please. 😎
Excellent question! This begs the question what is admitted alien? Is there such a thing? Perhaps the Supreme Corrupt Court can also rule on how many angels are there on the head of a pin?
This phrase unadmitted alien is nonsense.
The 9th Circus has made its decision. Now let them enforce it.
It’s well past time Trump disregarded these clowns and told them to suck it.
The President of the United States takes an oath of office:
“I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my ability, preserve, protect, and defend the Constitution of the United States.”
When some clown in a black robe intentionally violates the Constitution, the President is constitutionally obliged to ignore, or even countermand that judicial clown.
I agree-it is well past time for President Trump to go to war against the corrupt clown car judiciary.
Yes, but such a stance would require courage, something even Trump at times fails to display.
A lot of people have been saying this for a while now, but it appears that Trump does not have the nerve to do this. They are just waiting him out till he leaves office. I think his MAGA base is getting tired.
So, if we are unable to detain; deport immediately.
Exactly, why is the default to be released into the country while awaiting a hearing, why not be immediately kicked out of the country and wait for a hearing?
Yes. Keep planes ready at airports across the country. Load them on and fly them out.
So according to these legal wizards, if a law is deliberately not enforced, then it ceases to become a law. Where can I find that provision in our Constitution?
Ig nore.
Nice ruling you made there ‘judge.’ Now try to en force it.
Ike deported millions after the War. He must have detained them to make deportation possible.
A court of KBJs.
Snatch the illegals right off the street, take them to the nearest military base, load the planes with them and ship them off to Iran.
This process will bypass any and all detention.
Get these illegals out of our Fricken country, as we can not even put a price tag on the death and damage they have caused as it has become massive.
Almost forgot, place the judges from the 9th circuit on that plane to Iran to supervise the journey, one way of course!
Just leave some Marines guarding them on the bases with general orders to keep things under control while the illegal aliens are detained pending deportation. 😉
Because no other president admitted some 20 million illegals like Biden,
according to the same reasoning this court should have decided these must all be sent home.
It seems to me we should respect judges more so they should be on the first plane.
We need homeless camps in their neighorhoods.
Exactly what tools are in the Constitution to deal with a judicial system that no longer bides by the rule of law and the Constitutional Oath they all took ?
There has to be something because these illegal invaders have broken laws and so have the shysters who squat on a bench.
As uneducated as some of us are the 14th amendment is pretty damn clear and as clear as the 2nd amendment and the 4th amendment yet DC and the judicial all the way to the SC have broken their Oaths and put foreign invaders above the law and ALL of the American people and our safety.
FTA
The 2A is the solution. We’re just still too comfortable with how things are, contrary to any assertions otherwise.
Not much….because the Constitution only established the Supreme Court, and NONE of the lower Courts.
“The United States Court of Appeals for the Ninth Circuit is the nation’s largest federal appellate court, headquartered in San Francisco, California.”
Why would anyone expect sanity coming out of San Fran-sicko?
LMAO “unadmitted aliens” = Martian who fails to disclose he’s from Mars.
I am not a lawyer but I think this is just stupid reasoning, or, lack of reasoning.
Eisenhower’s Operation Wetback deported 1.3 million illegals who were held until deportation.
They entered illegally. That’s a crime. Go to jail. Go directly to jail.
Just pick them up, immediately drive to the nearest border and throw them over the fence.
I guess the new history books don’t mention Operation Wetback.
Nowhere in the history of the US government did we, the American citizen, ever expect to witness a rogue presidency(Biden) open our borders for 4 yrs and allow over 15 million illegal aliens to freely come in without lawful permission AND get free housing, medical, money and commit any crime without doing the time. The 9thCCA is corrupt.
But . prior administrations did detain illegals before the script was officially flipped..dont you remember? The cages were already built before Trump got there.