Congress Must Act Against Lower Courts They Created

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from Conservative Review:

While everyone sleeps, the courts are abolishing all immigration enforcement

Congress could never get away with creating constitutional rights for illegal aliens to remain here, yet a single lower court just did so on Thursday. And where Congress would face deep reprisal in the next election, faceless judges will never feel the heat.

Conservatives fear that extreme Democrats might actually abolish ICE and all immigration enforcement, but the lower courts are already systematically abolishing ICE’s authority, nullifying immigration enforcement statutes, violating separation of powers, and constantly increasing the wave of bogus asylum-seekers that they originally spawned with other radical rulings. The latest ruling from the Ninth Circuit demonstrates that unless Republicans and the president begin pushing back against these radical judges and delegitimizing their rulings, Democrats will get everything they want without ever facing electoral backlash or even the need to win elections.

It’s truly hard to overstate the outrageously harmful effects of Thursday’s Ninth Circuit ruling. For the first time in our history, the courts have fabricated a constitutional right for those denied asylum to appeal to federal courts for any reason.

Here’s the background.

Hundreds of thousands of migrants are flooding our border, claiming the formula of “credible fear” of persecution. They get to stay indefinitely while they ignore their court dates in immigration court. Because of an amalgamation of several prior activist court rulings, mainly by this very circuit, roughly 90 percent of credible fear claims are approved by asylum officers and the claimants shielded from deportation, even though asylum status is ultimately rejected almost every time by an immigration judge. Unfortunately, by that point it’s too late for the American people, who are stuck with the vast majority of these claimants remaining indefinitely in the country. Yet rather than ending this sham incentive, the Ninth Circuit drove a truck through immigration law by asserting that there is now a constitutional right for even the few who are denied initial credible fear status and are placed in deportation proceedings to appeal their denials, not just to an administrative immigration judge but to a federal Article III judge for any reason.

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