Once again, the executive and judicial branches have gotten together to nullify a sovereignty statute and grant indefinite amnesty to illegal aliens while saddling Americans with the cost and citizen children of illegal aliens who wrongly were awarded temporary legal status. We have a government of, by, and for illegal aliens.
Remember when Trump offered Democrats amnesty plus extension of Temporary Protected Status (TPS) in exchange for wall funding? Well, yesterday his DHS secretary, Kirstjen Nielsen, agreed to illegally extend this program for free simply because the powers that be in this administration support the amnesty agenda and the stealing of American sovereignty. This is a scam of issuing work permits for primarily illegal aliens who take advantage of a program designed for legal visitors who can’t return home because of a natural disaster. After promising to end it, Trump’s DHS extended TPS for 300,000 nationals of Sudan, El Salvador, Haiti, and Nicaragua. The overwhelming majority are from El Salvador, among them those with proven ties to MS-13. Pursuant to law, TPS should have expired for Sudan in 1997, Nicaragua in 1998, El Salvador in 2001, and Haiti in 2010.
The administration decided to give in to Judge Edward Chen of the Northern District of California, who illegally ruled that Trump must continue a program over which the judiciary has no control.
This decision is destructive on many levels, both to Trump’s immigration promises and to the growing tyranny of the courts. Trump is giving in to an illegal injunction issued by a single district judge in what is probably one of the worst abuses of power from a court in modern history.
Consider the following:
This decision of the administration is even more damaging on the judicial front than on the immigration front. It sets a baseline precedent that there is nothing a district judge can do that is out of bounds and that even if judges violate statute, not just on the merits but on their power to even hear the case, their illegitimate rulings will be countenanced as law. Trump is confronted with a challenge no other president has faced with a judiciary literally engaging in civil disobedience against immigration law. It’s understandable why, given the decade-long lionizing of judicial supremacy, he would be reluctant to pick a fight. But if he fails to do so, he will permanently set the baseline of judicial power over immigration. He has no choice but to fight.
As a result of this decision, the baseline is set that jurisdiction-stripping statutes mean nothing.
As a result of this decision, the baseline is set that universal injunctions are the law of the land.
As a result of this decision, the baseline is set that there is no area of immigration law and sovereignty off limits to the courts.
As a result of this decision, the baseline is set that courts can once again use Trump’s political statements against him as means of canceling his lawful powers, in contravention to the majority opinion in Trump v. Hawaii just last year. Judge Edward Chen, in his October ruling, said that Trump’s decision to use his unquestionable authority was “based on animus against non-white, non-European immigrants in violation of Equal Protection guaranteed by the Constitution.” Never mind the fact that, around the same time, the administration continued TPS for the country of Somalia.
The other point being missed here by some defenders of the White House is that Trump is destroying any shred of negotiating leverage he has with the Democrats over the wall. Just like he constantly renews DACA, he is now renewing TPS, thus giving Democrats what they want for free. Therefore, they have no incentive to play ball and offer him concessions in return for permanent amnesty when he is already agreeing to de facto indefinite amnesty. When a president blinks the first few times on ending an amnesty of previous administrations, there is not much fear from the Left that it won’t get extended forever.
It’s hard to tell which is worse: this administration’s affinity for amnesty or its ceding of power to the courts. Either way, the American citizen is left holding the bag, paying for the rope for MS-13 to hang us with, while their kids become citizens on our dime and our laws are unilaterally canceled by the unelected branches of government.
The problem in this administration is not the deep state. It’s the shallow state in the White House and in the Cabinet appointed by the president himself. Conservatives remain silent in deference at their own peril.
Daniel Horowitz is a senior editor of Conservative Review. Follow him on Twitter @RMConservative.