States can’t sue Obama on immigration policy, but guess who can

· August 4, 2016  
    Font Size A A A
icedmocha | Shutterstock

States don’t have standing to sue Obama for illegally colonizing their cities with Syrian refugees, but illegal immigrants and criminal aliens have standing to sue for public benefits. That is the state of play in the modern judicial system and the contemporary legal profession. 

One of the most basic principles of the social compact theory, rooted in the Declaration of Independence, is that only the existing members of a civil society, through their duly elected representatives, can determine who may enter and become part of that society or under what conditions that individual may become a member. As James Madison wrote in 1835, “[I]n the case of naturalization a new member is added to the Social compact …by a majority of the governing body deriving its powers from a majority of the individual parties to the social compact.” This is why our Constitution vested Congress with plenary power over immigration policy and why the courts, before they became autocratic in recent years, conceded that they have no jurisdiction to second-guess the legislature on any immigration decision. 

In Stolen Sovereignty, I warn that the unelected executive agencies and the courts are engaging in social transformation without representation by violating immigration statutes in order to achieve their de-civilization goals. As Conservative Review has observed throughout the past year, Obama is breaking statutes and abusing his power to use parole, refugee, asylum, and temporary protected status – and of course – executive amnesty – to bring in more immigrants against the consent of the people. Likewise, the courts are illegally overturning congressional immigration statutes and granting standing to illegal aliens and criminal immigrants to block deportations and even petition for affirmative rights, such as birth certificatesdriver’s licenses, and gun rights

Yet, at the same time, American citizens, states, law enforcement, and even ICE agents have been denied standing to sue in court when Obama is violating immigration statutes and the sovereignty of the states and the people. Thus, while the courts illegally venture out of their jurisdiction to overturn congressional sovereignty statutes – the most inviolate area of settled law[1] – they refuse to actually grant standing to cases within their core purview, which includes striking down illegal executive actions that run contrary to existing law. Remember that Civics 101 class about courts applying the law instead of nullifying it?

As we’ve noted before, while the federal government controls the refugee process, they must engage in advance consultation with the states at every stage of the resettlement process. Yet, Obama’s Office of Refugee Resettlement (ORR), in conjunction with taxpayer-funded private organizations, are engaging in the ultimate social transformation without representation – jeopardizing the security, culture, and public services of localities – without even informing them of the resettlement after the fact. 

Unfortunately, federal judges already blocked Texas from suing the Obama administration. Last Friday, U.S. Magistrate Judge John E. Ott denied the state of Alabama standing to sue the Administration for not engaging in advance consultation. In a 28-page memo, Ott wrote: 

Nothing in the Refugee Act requires defendants to provide plaintiffs with information necessary to assess security and other potential risks posed by refugees, or information necessary to adequately plan and prepare for the arrival of refugees in the state, in regard to security and requests for social services and public assistance.

As I noted last year, statute absolutely requires ORR to take into account security and economic considerations and engage in advanced consultation with the states.

This is yet one more reason why the courts will always be a dead-end for conservatives and why simply “appointing better judges” will not help.  Even good judges feel compelled to abide by existing precedent governing rules of standing, which is so one-sided against Americans that illegal aliens have more standing to fight immigration actions than taxpayers and states.

It’s time for Congress to step up to the plate. If Trump and Republicans actually wanted to turn around this pending electoral disaster and defeat Hillary Clinton, the nominee would immediately call for GOP leaders to reconvene for the summer and pass legislation empowering states to reject refugee resettlement. This is even more powerful than placing a national moratorium on resettlement; it allows the people and states to decide the future of their communities.  These are the decisions the individual nation-states of the European Union never got to make before their societies were transformed into microcosms of the Middle East and now incur daily terror attacks – to the point that they are no longer newsworthy. 

Any takers?

Editor’s note: The headline was amended to correct a punctuation error.


 

 

Want to keep up with what’s going on in Washington without the liberal media slant, establishment spin, and politician-ese?

Sign up to get CRTV’s Capitol Hill Brief in your inbox every evening! It’s free!

* indicates required


Author: Daniel Horowitz

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