Judge tries to reopen the immigration flood gates
...
On Wednesday, an Obama judge weaseled around the U.S. Supreme Court's June 27 determination regarding nationwide injunctions in Trump v. CASA Inc. in order to universally bar the administration from expelling asylum seekers from the United States.
RELATED: Lawfare strikes again: Rogue judge ignores SCOTUS, shields 500,000 from Trump's immigration crackdown
U.S. District Judge Randolph Moss said Trump had exceeded his executive authority in adopting "an alternative immigration system" and that his day-one proclamation was unlawful.
"Nothing in the INA or the Constitution grants the president or his delegees the sweeping authority asserted in the Proclamation and implementing guidance," wrote Moss. "An appeal to necessity cannot fill that void."
While the Supreme Court indicated last week that the national injunctions weaponized against the Trump administration by district court judges "likely exceed the equitable authority that Congress has given to federal courts," Justice Brett Kavanaugh recognized in his concurring opinion that district courts may still be able to "grant or deny the functional equivalent of a universal injunction — for example, by granting or denying a preliminary injunction to a putative nationwide class under Rule 23(b)(2)."
Moss embraced this "functional equivalent of a universal injunction" and certified all border-jumping asylum seekers "who are now or will be present in the United States" as a protected class.
Moss did, however, stay his ruling two weeks pending an appeal from the Trump administration. Depending on how the appeal goes, the floodgates could be reopened to multitudes of foreign nationals seeking asylum.
"To try to circumvent the Supreme Court ruling on nationwide injunctions a marxist judge has declared that all potential FUTURE illegal aliens on foreign soil (eg a large portion of planet earth) are part of a protected global 'class' entitled to admission into the United States," wrote White House deputy chief of staff Stephen Miller.
Miller added, "The West will not survive if our sovereignty is not restored."
Department of Homeland Security spokeswoman Tricia McLaughlin similarly underscored the gravity of Moss' ruling, noting in a statement obtained by CNN, "The President secured the border in historic fashion by using every available legal tool provided by Congress. Today, a rogue district judge took those tools away, threatening the safety and security of Americans and ignoring a Supreme Court decision issued only days earlier admonishing district courts for granting nationwide injunctions."
...
Nothing in the Constitution grants a district court judge the authority to open the floodgates of immigration to every person on earth. This ruling may go down as one of the most ridiculous judicial decisions in history.
Comments
Post a Comment