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Activist Judicial Rulings Block the Administration From Enforcing Our Nation’s Immigration Laws
whitehouse.gov ^ | 10/11/19 | Whitehouse

Posted on 10/11/2019 5:46:14 PM PDT by ransomnote

In order to have a functioning legal immigration system that serves America’s national interests, we must have rules, laws, conditions, and procedures for entry into the United States—and the violation of these laws and rules must be enforced.

BLOCKED FROM ENFORCING CONGRESSIONALLY ENACTED IMMIGRATION LAW: President Donald J. Trump is working tirelessly to restore enforcement of our immigration laws as enacted, but activist judicial rulings are restricting the Administration from following the plain text of Federal law.

  • One shocking judicial ruling after another has barred the Administration from enforcing the immigration laws passed by Congress.
    • Judicial decree after judicial decree has ordered the Administration to comply with the discretionary policies of previous administrations.
  • Last week, a district court in California issued a sweeping opinion that threatens to block Immigration and Customs Enforcement (ICE) from effectively using detainers to arrest and remove certain criminal aliens in the custody of State and local law enforcement.
  • These detainers are the backbone of immigration enforcement in America and are responsible for the vast majority of all criminal aliens removed from the United States.
    • When criminal aliens are arrested in local custody, they are run through a Federal database – if that database confirms they are deportable, ICE lodges detainers.
    • Cooperative jurisdictions then notify ICE when an alien subject to a detainer will be released and may hold them up to 48 hours, until ICE can take custody of the alien.
    • This process is how gang members, murderers, rapists, drug dealers, and many other criminals are safely removed from our streets every single day.
    • Without this mechanism, thousands of criminals would go free and commit more crimes in our communities.
    • Detainers have been issued for decades to remove criminals from our communities – with more than 1.5 million detainers issued under the Obama administration.

SAFETY AND SECURITY ARE UNDERMINED: Activist rulings are undermining efforts to keep our communities safe, protect our national security, and enforce our laws.

  • ICE’s ability to issue detainers is vital to carrying out Congress’s requirement to deport and remove criminal aliens from the country.
    • ICE has made approximately 140,000 arrests this year, three-quarters of which have come from ICE working with jails and prisons.
  • Without detainers, ICE would be severely hampered in its efforts to prevent dangerous criminal aliens from being released into our communities – putting the safety and security of Americans at risk.
  • The brave men and women of ICE have also been hindered by sanctuary jurisdictions that are defying Federal authorities and actively releasing known criminals.
  • Further, State officials have recently undercut local law enforcement who partner with ICE to help identify criminal aliens under the 287(g) program.

NATIONWIDE INJUNCTIONS: President Trump has faced an unprecedented flurry of improper nationwide injunctions, thwarting needed, lawful immigration enforcement.

  • Activist rulings have continually blocked the Administration from implementing policies that comply with the plain meaning and clear intent of the law, as passed by Congress.
    • The Administration has been enjoined from restoring the full statutory window established by Congress for expedited removals under 8 U.S.C. 1225 (b)(1)(A)(iii).
    • The Administration was enjoined when the President took action under section 212(f) of the Immigration and Nationality Act (INA) to protect our national security by restricting the entry of certain aliens – an injunction the Supreme Court overturned.
    • The Administration’s efforts to end the Flores loophole, a loophole which violates the removal and detention mandates passed by Congress, were enjoined.
    • The Administration’s efforts under section 212(f) of the INA to preserve asylum for those who do not cross our borders illegally were enjoined nationwide.
    • The Administration’s efforts to wind down the Deferred Action for Childhood Arrivals (DACA) program, which was implemented by the previous administration in an end-around of Congress, were enjoined nationwide by the courts.
    • The Administration’s action to preserve asylum for those who have no other place to turn, rather than asylum seekers who failed to seek protection in the other countries they traveled through to reach the United States, was initially enjoined nationwide.
  • Nationwide injunctions allow any one of the more than 600 Federal district judges in the country to effectively set or veto national policy.
  • These nationwide injunctions are a modern invention with no basis in the Constitution.
    • The first documented nationwide injunction was in 1963, meaning no such documented injunctions were issued in the first 175 years of our Nation.


TOPICS: Miscellaneous
KEYWORDS: immigration; judges
POTUS has been replacing judges at an impressive rate, but sadly some Obama hold overs remain and they intend to keep Obama's whims in force.
1 posted on 10/11/2019 5:46:14 PM PDT by ransomnote
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To: ransomnote; All

Just ignore these bogus ‘rulings’ and carry on!

0bama certainly did! How can Dems argue with that FACT?

(Yes. I know. FACTS have no place in their La-La Land.)


2 posted on 10/11/2019 6:02:53 PM PDT by Diana in Wisconsin (We come from the earth, we return to the earth, and in between we garden.~Alfred Austin)
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To: ransomnote

If SCOTUS was worth a week old shite, they’d have stopped this already.

Same for Congress.

Same for the American People.


3 posted on 10/11/2019 6:05:02 PM PDT by TheZMan (I am a secessionist.)
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To: ransomnote

Some judges need to be arrested for aiding and abetting.


4 posted on 10/11/2019 6:13:26 PM PDT by rawcatslyentist ("All that is necessary for evil to triumph is for good men to do nothing")
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To: Diana in Wisconsin

One of the best reasons to vote trump 2020 is that he will get to appoint 2 or 3 supremes.


5 posted on 10/11/2019 6:21:47 PM PDT by jonose
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To: ransomnote

The congress failed to override the emergency declaration. The judiciary has no authority in accordance with the 1974 law.

You can’t run a war or respond to an emergency if 200 federal judges get a say. the judiciary has no standing in national emergencies, but the administration keeps deferring them.


6 posted on 10/11/2019 6:28:32 PM PDT by morphing libertarian ( Use Comey's Report, Indict Hillary now; build Kate's wall. --- Proud Smelly Walmart Deplorable)
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To: ransomnote

“POTUS has been replacing judges at an impressive rate, but sadly some Obama hold overs remain and they intend to keep Obama’s whims in force.”
**************************************************
Not at NEARLY impressive enough rate. What we need to see happen NOW is for the Republican controlled Senate to fill the 107 VACANT Federal Judgeships with good TRUMP Nominees. I’m concerned that that goal is the furthest thing from where Lindsey Graham is now.

Among the VACANT District Court Judgeships are:

13 in New York State (of which 6 are in the Southern District of New York).

6 in New Jersey.

14 in California.

4 in Washington State.

Since he has been in office, President Trump has not been able to get a single District Court judge in those states confirmed—Thanks to LINDSEY GRAHAM and the Blue Slip process that he allows the DemocRATS to use as an unconstitutional VETO of Trump’s judicial appointment powers.

Can you imagine how much better things would be if the Southern District of New York included 6 Trump judges? Can you imagine if the District Courts in California included 14 young Trump judges whose names would be included when the random draws are made to assign Judges to new cases?

MR. GRAHAM, TEAR DOWN THAT ‘“BLUE SLIP” WALL!

I’m taking it as my personal jihad to scream this to the world. No more delay; fill the current judicial vacancies and all that follow — QUICKLY!


7 posted on 10/11/2019 6:46:56 PM PDT by House Atreides (Boycott the NFL 100% — PERMANENTLY)
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To: ransomnote

Chief Justice Roberts needs to come out with a forceful statement about “judicial restraint as it relates to jurisdiction”. That the rulings of federal judges only apply in their jurisdiction, not outside of it.

And that only the SCOTUS can restrain the actions of the POTUS in matters of policy.


8 posted on 10/11/2019 8:14:16 PM PDT by yefragetuwrabrumuy (Liberalism is the belief everyone else should be in treatment for your disorder.)
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To: Diana in Wisconsin

Didn’t the Supreme Court already rule in the president’s favor on the emergency declaration and the use of military funds to build the wall?

So how does this declaration from a pipsqueak liberal Clinton judge over rule a Supreme Court decision?


9 posted on 10/11/2019 10:39:21 PM PDT by july4thfreedomfoundation (Adam Schitt.....the enemy of the people!)
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