Every day, the liberal courts remind us that we don’t have a problem with the immigration laws, but rather with lawless judges “repealing” the laws that were already passed by Congress. If the Trump administration continues to assert that the laws are the problem rather than the lower court judges, there is no law Congress could possibly pass to fix what is clearly a separation of powers problem.
On Thursday, a three-judge panel of Democrat appointees on the Ninth Circuit created Fourth Amendment rights for illegal aliens in the context of deportation proceedings, a huge break from an uninterrupted stream of case law.
In Perez Cruz v. Barr, the court deals with a raid conducted by ICE agents in 2008 on Micro Solutions Enterprises, a California-based printer cartridge maker. ICE arrested approximately 130 illegal aliens. Given that illegal aliens have no right to be in America, ICE can detain in order to deport any illegal alien without any search warrant, as long as the it is not during criminal proceedings. In this case, ICE actually had a search warrant for “employment-related documents located at the factory where Perez Cruz worked,” which should have strengthened, not weakened its case.
Nonetheless, the court ruled on Thursday that once ICE is at the scene to execute the warrant on the documents, agents are “not permitted to carry out preplanned mass detentions, interrogations, and arrests at a factory, without individualized reasonable suspicion.”
It’s hard to overstate how radical this decision is. “This is one of the more absurd immigration rulings in some time,” said Dale L. Wilcox, executive director and general counsel of the Immigration Reform Law Institute, in a comment to CR. “It further erodes the executive branch’s authority to enforce immigration law under the plenary power doctrine and treats immigration matters as criminal cases rather than the administrative cases they actually are. The result of this will be more handcuffs put on ICE in their ability to protect American citizens from lawlessness and often dangerous aliens.”
Indeed, this distinction between administrative cases of deportation to enforce our sovereignty and criminal cases where government is pursuing prosecution of illegal aliens has been settled for years in the Supreme Court. In Turner v. Williams (1904), the court said that obviously the executive branch can’t “declare unlawful residence within the country to be an infamous crime, punishable by deprivation of liberty and property” without “that the fact of guilt should first be established by a judicial trial.” But simple “detention or temporary confinement as part of the means necessary to give effect to the exclusion or expulsion was held valid.”
Read the rest from Daniel Horowitz HERE.
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