Our Framers vested the people’s representatives – the United States Congress – with plenary power over immigration. At the core of the social compact and the unalienable right to governance by the consent of the governed, as echoed in the preamble of the Declaration of Independence, is the notion that the citizens who formed that compact have the right to determine who joins their society.
Over the years, Congress has (for the most part) done its job and passed statutes protecting our sovereignty. But the executive branch, and more recently, the federal courts, have ignored our laws and the will of the people. Here are two stories just from this week on how both the Obama administration and the unelected federal courts are violating that sovereignty. This is the worst form of social transformation without representation and will be the focus of my upcoming book next year.
Suspension of Deportations
Yesterday, the Department of Homeland Security released its deportation numbers for 2015. The numbers are not pretty. Here are the salient bullet points from the Center for Immigration Studies:
Remember, this drop is just for 2015. It is the fourth consecutive year with a sharp drop in deportations from the previous year. Since Obama began his amnesty programs in 2011, deportations have dropped to less than one-third their annual level prior to Obama’s suspension of congressional statutes. What about criminal aliens? Wasn’t the purpose of amnesty to focus just on criminal aliens? They also plummeted by almost 60%.
You can read more about the appalling number of criminal aliens released into our population here.
Judicial Amnesty for Homosexual Illegal Aliens
In a disturbing trend, even the few individual illegal aliens this administration is willing to deport are being released into our population by federal judges – the unelected branch of government that has no authority over immigration. Two of the many ways they are granting judicial amnesty is by applying international law or by abusing our asylum statutes to suspend deportations of illegal aliens who declare themselves homosexual or transgender.
In September, we reported on a Ninth Circuit judge who suspended the deportation of a dangerous criminal alien claiming to be transgendered and in fear of returning home to Mexico. Yesterday, the Miami Herald reported that a federal judge in Florida is granting full amnesty to José Crespo-Cagnant, an illegal alien who crossed over from Mexico using false identity on multiple occasions. The judge, who was appointed by George H. W. Bush, sided with the illegal immigrant who claimed that, because he is homosexual, he has a well-founded fear of persecution were he to be repatriated to Mexico. Even though the border patrol agent asserts that he never heard Crespo-Cagnant express a fear of persecution. The agent complied with the ridiculous regulations required to place him in deportation proceedings, yet the judge sided with the illegal alien.
We now have unelected judges determining who gets to stay in this country by simply concocting a super-right – a de facto affirmative right to immigrate for any homosexual from a third world country. This is what happens when we allow the court system to create new protected classes and super-rights for foreign nationals at the expense of the unalienable rights of the sovereign citizen. The courts must be stripped of their jurisdiction to adjudicate these cases otherwise we will no longer determine our own destiny.
Let us not forget the words of Gouverneur Morris, one of the key drafters of the Constitution, at the Constitutional Convention: “every society from a great nation down to a club had the right of declaring the conditions on which new members should be admitted.” It’s time we exercise that right and demand Congress reassert the will of the people over the lawlessness of the unelected branches of government.
Daniel Horowitz is a senior editor of Conservative Review. Follow him on Twitter @RMConservative.