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).
ADVERTISEMENT (HIDE THIS AD)
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”
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.
“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.
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.
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.
Pure female logic argument. Pathetic.