You heard that right. At the same time the Ninth Circuit is flipping federal immigration power on its head and allowing states to block Trump’s lawful order reducing dangerous immigration, it is forcing Arizona to comply with Obama’s executive amnesty and provide illegal aliens with driver’s licenses.
There is no word in the English language to describe this degree of perfidy and hypocrisy. I don’t know how I missed this, but just one week before the Ninth Circuit nullified federal immigration laws and lawfully delegated presidential powers, the full court refused to overturn a three-judge panel that forced Arizona to provide DACA recipients with driver’s licenses.
The rationale of the court? Arizona was preempted by federal immigration powers!!!
“The federal government, not the states, holds exclusive authority concerning direct matters of immigration law,” wrote the radical Judge Harry Pregerson. This opinion to deny the rehearing of the case was joined by 23 of the remaining 28 active judges on the Ninth Circuit … including Judge Michelle Friedland. She wrote the opinion last week saying that states can force the federal government to bring in more immigrants even when the president is acting on iron-clad statutory authority.
Just last week, detailed how the federal courts are flipping federalism and immigration on its head — upside down, inside out. However, the juxtaposition of these two decisions takes the duplicity to a new level. A few points to consider:
1) Sure, the federal government controls immigration, but which branch? Congress. With Obama’s DACA amnesty, Obama unilaterally nullified federal statutes and created his own immigration program, a program that was explicitly rejected by Congress. Trump, on the other hand, was following a long tradition of delegated authority to ratchet down immigration as needed, in concert with five congressional statutes.
2) Arizona was being asked by illegal aliens, who should never have had standing to sue, to initiate a positive action in order to abide by Obama’s unlawful amnesty. Washington and Minnesota, on the other hand, were given no mandate by Trump’s order. They were the ones burdening the federal government and overriding federal plenary power over immigration.
3) As Scalia noted in Arizona v. U.S., “the naturalization power was given to Congress not to abrogate States’ power to exclude those they did not want, but to vindicate it.” On the other hand, it was designed precisely to prevent liberal states from flooding the rest of the union with immigrants the federal government deemed undesirable, as the Ninth Circuit allowed Washington to do last week.
4) In Texas v. U.S., the Obama administration explicitly argued that states could not get standing to sue against the executive amnesty precisely because, in their view, states were not obligated to issue driver’s licenses! Now the Ninth Circuit is contending that states must give driver’s licenses but have no reason to complain!
5) After ruling that the state of Washington will suffer irreparable harm if Trump exercises his legitimate authority to keep out un-vetted immigrants from war-torn countries, the same panel ruled that “Arizona has no cognizable interest in making the distinction it has for drivers’ licenses purposes.” The fact that almost 30,000 driving offenses have been committed just by the 30,558 criminal aliens Obama released in fiscal year 2014 alone is evidently of no concern to Judge Pregerson, who has replaced jurisprudence with political rants.
6) There is a seamless flow from obtaining a driver’s license to voting via the motor-voter laws. Yet, this same court has prevented Arizona from verifying proof of citizenship in order to register to vote.
7) With at least 630,000 illegals residing in the state, at a cost of $2.4 billion a year, Arizona is left defiled and helpless in protecting its own residents and even their right to vote in untainted elections. Over 10% of the state’s public school population is comprised of illegal alien children. The Arizona Department of Corrections estimates that illegal aliens comprise 17% of its prison population and 22% of all felony defendants in Maricopa County. Arizona has become the drug smuggling capital of the country. From 2010-2015, heroin seizures in Arizona have increased by 207%, while methamphetamine seizures grew by 310%. In FY 2014, there were more pounds of marijuana seized in the Tucson corridor than every other border sector combined. Yet, the state has no “cognizable interest” in fighting a past president’ illegal amnesty, but Washington state has an interest in overturning federal immigration power of an existing president and demanding its own immigrants!?
The courts of Sodom and Gomorrah indeed.
This is why it is foolish for any conservative to suggest that a better prepared Trump administration could have survived the Ninth Circuit. Those judges are willing to use opposing legal theories in order to achieve the “right” political outcome at any and all costs. That is why we need wholesale judicial reform and why it must start with breaking up the Ninth Circuit. Meanwhile, Arizona’s junior senator, Jeff Flake, R-Ariz. (F, 50%) is more bothered by the criticism of these judges than what they are doing to disembowel his own state.
The fact that states are still being forced to issue driver’s licenses to illegal aliens is another reason why Trump must terminate DACA. It’s not merely about the inaction of declining to deport this category of illegal aliens. These illegals are unconstitutionally obtaining Social Security cards, which forces states to issue driver’s licenses. It’s time for Trump and Congress to unite on behalf of Arizona and expose the duplicity of the courts.
Daniel Horowitz is a senior editor of Conservative Review. Follow him on Twitter @RMConservative.