Sanctuary cities are yesterday’s news. There might be 375 jurisdictions that refuse to cooperate with federal immigration authorities, but unless the courts are reined in, they will create a de facto sanctuary nation policy by preventing even cooperative states and localities from following the law.
In other words, much like we are told “gay marriage is the law of the land,” the lower courts are now making sanctuary cities the law of the land.
As part of a growing trend of stolen sovereignty, a Texas federal judge last week ruled that a county sheriff’s department cannot honor ICE requests for local law enforcement to hold illegal aliens for 48 hours after they would otherwise release them. Judge Orlando Garcia found the Bexar County sherrif violated the Fourth Amendment rights of an illegal alien for following federal immigration law and detaining a Mexican citizen without probable cause.
Once again, the courts have conflated criminal law with immigration law. Nobody has the “right” to break into our country, unilaterally assert jurisdiction, and then be allowed to disappear into the population without detention just because there is no probable cause of another crime.
The courts are now essentially granting judicial amnesty to anyone not accused of another crime outside of illegal entry. This decision will likely impact many other sherriff’s departments that want to comply with ICE detainer requests.
More disturbing, this same judge is going to hear a case later this month against the recent anti-sanctuary bill signed by Texas Gov. Greg Abbott. Senate Bill 4 requires county jails to honor ICE requests or face the loss of state funding.
For the past decade, ICE has issued detainers on those arrested and suspected of being in the country illegally, but are about to be released. ICE asks local police to hold the individual for 48 hours if they have probable cause an individual is an illegal immigrant, in order to apprehend the criminal aliens.
Now, a slew of lower-court judges are requiring there be probable cause of another crime other than an immigration violation — a complete nullification of state and national sovereignty.
Last year, a district judge in Illinois voided thousands of detainers and asserted that ICE must obtain a warrant for each individual and prove that the suspected alien is a flight risk on an individualized level.
This is absurd on its face because illegal aliens are the consummate flight risk. We know that, in 2014-2015, 84 percent of family units from Central America that received an immigration court notice absconded and disappeared into the population before the final decision could be rendered. Yet this judge in Illinois feels that none of them can be detained. Among young illegal aliens who have crossed over in recent years, 90 percent failed to show up for their hearings, according to data from the House Judiciary Committee.
Then again, these court decisions are nothing new. With the Ninth Circuit joining the Fourth Circuit in granting First and 14th Amendment rights for future immigrants who’ve never stepped foot on our soil, most certainly the federal courts will also say those who’ve already illegally entered have constitutional rights to remain in the country against the national will.
How far we have fallen from the days of Justice Robert Jackson, when the great champion of due process declared that, “Due process does not invest any alien with a right to enter the United States, nor confer on those admitted the right to remain against the national will” [Shaughnessy v. Mezei (1953)].
Just this week, the Ninth Circuit said the president can’t set the refugee cap at 50,000 … even though the president can set it at zero, according to statute! Thus, the courts are now demanding we go overseas and actively bring in more immigrants. As such, judicial amnesty for those already here is a walk in the park.
Thus, the citizens of this country are sitting helplessly while their sovereignty is stolen, as statutes duly passed by their representatives to keep these unknown entities out are now abrogated by unelected judges who manifestly lack jurisdiction over these issues. These people can, in turn, sue to allow other illegal aliens to remain in the country.
What is it going to take for Congress to kick the lower courts out of immigration?
It’s time to face a stone-cold truth: If we are going to continue perpetuating this myth that the unelected federal judiciary has supreme and exclusive jurisdiction over every major social and political question, and is the sole and final arbiter of constitutional interpretation (including the very ability of a nation to remain sovereign and control its own future and the orientation of its own society), we have already lost the war for this country.
Daniel Horowitz is a senior editor of Conservative Review. Follow him on Twitter @RMConservative.