Circuit court slaps down Obama’s executive overreach on immigration

The 5th U.S. Circuit Court of Appeals has affirmed an injunction issued by a Texas judge in response to a lawsuit filed by 26 states — including Nevada — seeking to overturn Obama’s executive fiat blocking deportation of millions of illegal immigrants and granting them work permits and other benefits.

Though the administration argued Obama’s memos merely allowed prosecutorial discretion on a case-by-case basis in enforcing immigration law, the three-judge panel ruled (2-1) that this was merely a pretext and Obama has essentially rewritten the law. The ruling noted that only 5 percent out of 723,000 applicants for legal residency were denied.

The Obama administration today said it would appeal the ruling the U.S. Supreme Court.

Meanwhile, the Deferred Action for Parents of Americans and Lawful Permanent Residents, or DAPA, is supposed to be blocked, as well as an expansion of eligibility of Deferred Action for Childhood Arrivals, or DACA, that was tacked onto the DAPA memo.

The opinion penned by Judge Jerry E. Smith said, “The INA’s (Immigration and Nationality Act) careful employment-authorization scheme ‘protect[s] against the displacement of workers in the United States,’ and a ‘primary purpose in restricting immigration is to preserve jobs for American workers.’ DAPA would dramatically increase the number of aliens eligible for work authorization, thereby undermining Congress’s stated goal of closely guarding access to work authorization and preserving jobs for those lawfully in the country. DAPA would make 4.3 million otherwise removable aliens eligible for lawful presence, employment authorization, and associated benefits, and ‘we must be guided to a degree by common sense as to the manner in which Congress is likely to delegate a policy decision of such economic and political magnitude to an administrative agency.’”

Congress did not delegate this to Obama or his minions.

“Today, the Fifth Circuit asserted that the separation of powers remains the law of the land, and the president must follow the rule of law, just like everybody else,”Texas Attorney General Ken Paxton was quoted as saying by The Wall Street Journal. “Throughout this process, the Obama administration has aggressively disregarded the constitutional limits on executive power.”

Nevada Attorney General Adam Laxalt issued a statement saying, “After careful consideration and extensive briefing, another federal court has once again upheld the states’ injunction, illustrating that the president, like everyone else, must follow the rule of law. Our Constitution establishes a process that must be followed when changing or creating new laws, and no one, regardless of title or position, is above the Constitution. It is encouraging to see the principles of the Constitution affirmed by a third federal court ruling in this case.”

In his original injunction, Texas federal Judge Andrew Hanen stated that “ the states cannot protect themselves from the costs inflicted by the Government when 4.3 million individuals are granted legal presence with the resulting ability to compel state action. The irony of this position cannot be fully appreciated unless it is contrasted with the DAPA Directive. The DAPA Directive unilaterally allows individuals removable by law to legally remain in the United States based upon a classification that is not established by any federal law. It is this very lack of law about which the States complain. The Government claims that it can act without a supporting law, but the States cannot.”

Of course Harry Reid used the occasion to attack Republicans in general with a series of twits:

— The 5th Circuit’s decision yesterday was a political move that ignores past precedents on executive action on immigration.

— Yesterday’s decision affects millions of families who now could be torn apart. As Judge King stated in dissent, “a mistake has been made.”

— The Republican Party has neglected the lessons of the 2012 elections and have plunged over a cliff following the lead of Trump and Carson.

— I expect the Administration will swiftly appeal this decision to the Supreme Court, and I believe the Court will find the actions lawful.

 

 

 

 

Feds aid and abet child smuggling by flying illegal immigrant children to parents in Hawaii

Back in December a federal judge in Texas accused the federal government of aiding and abetting child smuggling, because it provided the final leg of the conspiracy.

A illegal immigrant Salvadoran mother living in Virginia paid human traffickers $8,500 to smuggle her 10-year-old daughter into the U.S., but after the daughter was caught in Texas, according to the judge, the Department of Homeland Security paid to transport the daughter to her mother.

Free trip to Hawaii, anyone?

Apparently this is now a standard operating procedure.

In the first half of this year, eight unaccompanied illegal alien children picked up in the continental U.S. have been flown at taxpayer expense to sponsors in Hawaii, according to a reporter for Watchdog Wire-Hawaii. Most of those sponsors were the relatives of the children and more than half were parents. It is doubtful any of those “sponsors” are in the country legally, since the U.S. has generous accommodations for reuniting family members with legal residency.

Watchdog reported that former U.S. Rep. Charles Djou, R-Hawaii, said he doesn’t believe taxpayers should be covering their airline tickets to Hawaii. “What an incentive,” Djou said this is for more illegals.

U.S. District Judge Andrew Hanen of Brownsville wrote in December:

“This Court is quite concerned with the apparent policy of the Department of Homeland Security (hereinafter ‘DHS’) of completing the criminal mission of individuals who are violating the border security of the United States. Customs and Border Protection agents stopped the Defendant at the border inspection point. She was arrested, and the child was taken into custody. The DHS officials were notified that Salmeron Santos instigated this illegal conduct. Yet, instead of arresting Salmeron Santos for instigating the conspiracy to violate our border security laws, the DHS delivered the child to her — thus successfully completing the mission of the criminal conspiracy. It did not arrest her. It did not prosecute her. It did not even initiate deportation proceedings for her. The DHS policy is a dangerous course of action. …

“In summary, instead of enforcing the laws of the United States, the Government took direct steps to help the individuals who violated it. A private citizen would, and should, be prosecuted for this conduct.”

Hanen’s 10-page order: Smuggling case

Federal agency aiding and abetting child smuggling

Border near San Diego (AP file photo)

If you thought Fast and Furious was an insane criminal conspiracy engaged in by the Department of Homeland Security, wait till you read what a federal judge in Texas says about DHS’s co-conspiracy to engage in child smuggling.

U.S. District Judge Andrew Hanen of Brownsville had a case in which a woman pleaded guilty to attempting to smuggle a 10-year-old El Salvadoran girl into the U.S. using the birth certificate of one of her own daughters.

But in an unusual order dated Dec. 13, Judge Hanen accuses DHS of actually finishing the criminal conspiracy by transporting the child to her mother, an illegal immigrant living in Virginia since about 2000. The mother, Patricia Elizabeth Salmeron Santos, admitted hiring human traffickers to smuggle her daughter into the country for a payment of $8,500.

Judge Hanen wrote:

“This Court is quite concerned with the apparent policy of the Department of Homeland Security (hereinafter ‘DHS’) of completing the criminal mission of individuals who are violating the border security of the United States. Customs and Border Protection agents stopped the Defendant at the border inspection point. She was arrested, and the child was taken into custody. The DHS officials were notified that Salmeron Santos instigated this illegal conduct. Yet, instead of arresting Salmeron Santos for instigating the conspiracy to violate our border security laws, the DHS delivered the child to her — thus successfully completing the mission of the criminal conspiracy. It did not arrest her. It did not prosecute her. It did not even initiate deportation proceedings for her. The DHS policy is a dangerous course of action. …

“In summary, instead of enforcing the laws of the United States, the Government took direct steps to help the individuals who violated it. A private citizen would, and should, be prosecuted for this conduct.”

The judge noted this was the fourth such case he had handled in as many weeks. He also pointed out that in each case the government incurred considerable expenses — room, board, airline tickets and the salary and travel expenses of a guardian — to reunite the children with their illegal immigrant parents.

Hanen said it would be less expensive and more efficient to arrest the parents who have committed two crimes, being in the country illegally and engaging in a criminal conspiracy to smuggle children into the country illegally. “Yet, it neither prosecutes nor deports the wrongdoer,” Hanen wrote.

The judge also noted the danger such smuggling poses when tacitly endorsed by a federal agency. In the days before writing his order, the judge said two “illegal aliens” drowned, two are missing and a 3-year-old was found abandoned by smugglers, all near Brownsville.

He also noted that such action aids the violent Mexican drug cartels that engage in human trafficking as well as drug smuggling. In the past year, the judge noted some of the minors being smuggled were assaulted, raped, kidnapped and/or killed.

Hanen indicted the DHS by writing:

“By fostering an atmosphere whereby illegal aliens are encouraged to pay human smugglers for further services, the Government is not only allowing them to fund the illegal and evil activities of these cartels, but is also inspiring them to do so. The big economic losers in this scenario are the citizens of the United States who, by virtue of this DHS policy, are helping fund these evil ventures with their tax dollars. The overall losers, who endure the consequences of this policy, are the citizens on both sides of the border who suffer from the nefarious activities of the cartels.”

The charge that the policy is encouraging this risky behavior is apparent. The apprehension of unaccompanied alien children in Texas alone is up 81 percent in two years.

Who knows how many were killed by those Fast and Furious guns or how many have been killed by the DHS encouraging child smuggling?

The judge’s final words: “The DHS should enforce the laws of the United States — not break them.”

Nevada will doubtlessly be affected by this DHS policy, since the state population has the highest percentage of illegal immigrants — 7.2 percent — of any state, according to a Pew Research Center study. Nevada also has the highest percentage of illegals in its workforce — 10 percent, compared to 9.7 percent in California and 9 percent in Texas.

As I’ve said before, the immigrations laws are not broken, but merely the enforcement mechanism. This administration keeps breaking the laws they took an oath to uphold.

Hanen’s 10-page order: Smuggling case