Horowitz: While Americans are locked up without judicial review, courts grant new rights to criminal aliens!

· March 30, 2020  
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Where are the ever-meddlesome courts when you need them?

As Americans are placed under house arrest, local governments are spying on citizens, and every clause of the Bill of Rights is violated, we are told that governments are simply exercising their enormous police power to preserve public health. As such, there is barely a peep about lawsuits against these draconian and often overbroad measures. Yet at the same time, criminals and illegal aliens continue to get standing in court to sue for their freedom of movement. Orwell could not have written a better plot.

We are moving closer to martial law in this country, as the president has taken over industries under the Defense Production Act, states are issuing travel restrictions on other states, and snitch lines are being posted to spy on fellow citizens. The ever-powerful courts, as the supposed guardians of civil liberties, are nowhere to be seen, except for allowing illegal aliens to violate our sovereignty and for criminals duly convicted of crimes to be set free.

Consider the following:

  • Last Monday, the Supreme Court allowed two criminal aliens deported decades ago to reopen their cases to potentially overturn their deportations. Despite the clear statutory bar on judicial review, Justices Gorsuch and Kavanaugh joined with the other liberals on the court to ignore both our nation’s sovereignty and Congress’ power to strip jurisdiction from the courts. Only Justices Thomas and Alito dissented. Thus, while Americans are confined within their homes or banned from traveling from certain states, criminal aliens can get standing to sue to travel back across our international border! This decision will open a Pandora’s box of countless terrible criminal aliens deported since 1996 to reopen their cases.
  • A federal judge in the Southern District of New York ordered the release of 10 criminal aliens from an ICE detention facility in New Jersey (outside her jurisdiction), contending that they were “medically compromised.” In addition, Judge Dolly Gee, the same woman who was so instrumental in spawning the public health crisis at the border last year, has ordered HHS to “make continuous efforts” to release children from custody who are currently being held at Office of Refugee Resettlement facilities. So, the same unilateral authority given to executives to confine Americans under the guise of public safety is now given to both the executives and courts to release people who don’t belong in this country. Something doesn’t add up.
  • The Montana Supreme Court ruled that local police cannot hold an illegal alien burglary suspect for 48 hours so ICE can pick him up on immigration charges. We are now told there is quite literally nothing a local government cannot do to restrict the movement of citizens and indiscriminately shut down businesses of Americans, even when they don’t engender large gatherings. Yet, somehow, they can’t assist in enforcement of federal immigration law, as they do so with many other federal laws.
  • On Friday, the Ninth Circuit ruled in a nationwide class action suit that all those bogus asylum seekers being held pending their credible fear determination must be given bond hearings for potential release. Again, while Americans are locked up, they get to be released. What is so shocking is that statute says (8 U.S. Code § 1225(B)(iii)(IV)) they SHALL be detained during the credible fear determination and cannot be released. Moreover, Congress in 1996 (8 U.S.C. § 1252(f)(1)) explicitly blocked all lower courts from issuing class action injunctions in this context.
  • Judges throughout the country are ruling that criminals must be released during the epidemic, even where the elected officials have opted not to do so.

We all understand the broad powers of a state to quarantine people to prevent the spread of diseases. But if that is true, then by a factor of a million, the federal government has the national security and sovereignty power to prevent the entry and release of aliens as well as the release of criminals without judicial intervention to protect public order. The courts can’t have it both ways – remain silent on overly broad quarantine laws against peaceful Americans, while restricting the executives of this nation from enforcing laws against illegal aliens and criminals.

Something is not right here. How can we take this national emergency seriously and believe the science behind lockdown policies (when they’ve failed in Europe and when Asia succeeded without them), when this same fascist federal and state juggernaut is somehow reduced to rubble when it comes to acting against illegal aliens and criminals?

Let’s review the outcomes from the COVID-19 crisis:

  • Most sweeping restrictions, surveillance, and confinement of Americans indefinitely without due process in the history of America? Check!
  • Endless welfare, debt, and spending? Check!
  • Mass release of criminals? Check!
  • More foreign workers as a time of record unemployment? Check!
  • More rights for illegal aliens to come and remain here? Check!

Why is it that every policy outcome from this crisis is a long-standing liberal priority, even when the several outcomes contradict the rationale underlying some of the others?

Something very dark is afoot here, and it’s time for the citizenry to begin asking questions. That begins with convening state legislatures to return the government to we the people.

Author: Daniel Horowitz

Daniel Horowitz is a senior editor of Conservative Review. Follow him on Twitter @RMConservative.