A government run by the courts seems like a good idea now, but when the shoe is on the other foot it could be a problem.
Hmph!
As he bypasses Congress he’ll just bypass this judge.
I see the judge used illegal aliens and not illegal immigrants ,the word immigrants should be dropped completely when really talking about illegal aliens
The law means nothing to this rogue administration they will ignore the court just like have done repeatedly in the past.
bm
Good. Enforcement of immigration and customs laws are two of a handful of powers delegated to the Feds by the Constitution.
Bump.
Does anyone think this will really happen?
The Secretary of the Department of Homeland Security is responsible under law for administering the immigration laws and while she is appointed by the President and serves at his pleasure, she is the responsible party being sued in this case. While the court has no mechanism to force her to enforce the law, it can hold that she has no authority to take the specified action and can issue an injunction ordering her cease doing so. While a cabinet secretary has immunity from civil suit while acting in their official capacity, and can only be removed by the President or by Congress through impeachment, if she is found to be acting outside her legal authority, she would likely not have civil immunity for the consequences of that illegal activity.
As an example, if the court issues an injunction against her releasing criminal aliens and she ignores that injunction and deliberately releases them anyway, does she incur personal liability for damages done by the released alien. If someone she releases in deliberate violation of a court order commits murder or rape, does the victim of that crime have civil recourse against the Secretary in a personal capacity. I would think the victim would clearly have standing to file a lawsuit and the Secretary would be on her own in mounting a defense and paying any resulting judgment.