No judge has jurisdiction to erase our border

Conservative Review ^ | November 26, 2018 | Daniel Horowitz

[E. Pluribus Unum]

No court can ever force the president to allow any alien to enter the country. No such lawsuit could ever have legitimate standing, and no such decision could have any constitutional moorings. If we don’t understand that, we are no longer a sovereign Republic.

Monday night, Jon Tigar, an Obama-appointed judge of the United States District Court for the Northern District of California, a forum chosen by the ACLU, penned what is essentially an op-ed expressing his desire that Trump’s order on asylum be temporarily enjoined. His desire is just as binding as my desire to place an injunction on all liberals from running for office. He has no jurisdiction over immigration, has no jurisdiction over national security, has no jurisdiction over the border, violated endless settled law, violated Article II powers, violated Article I delegated authority, and broke every sane ruling on Article III standing that differentiates a court from a legislature.

This is not a legitimate court ruling or even court case

President Trump issued a commonsense and quite modest order to direct all asylum claims to the points of entry rather than empowering the cartels to smuggle them in between the points of entry. Given that none of these people are legitimate asylees, he should have suspended all asylum claims at the border and required them to instead make claims in U.S. consulates in Mexico, the first safe third-party country, as designated by the U.N. Nonetheless, even this order was out of bounds, according to Tigar, who believes that asylum statute requires the president to afford everyone in the world, evidently even a belligerent mass migration, a chance to file an application.

[DownInFlames]

Wrong. Congress makes the law with the presidents signiture, the president enforces the laws passed.

[trebb]

The Congress controls declaration of war too - but the CINC can fight and win one before their oversight kicks in....

[Carl Vehse]

Such a ruling by a judge should be considered as giving aid and comfort to the enemy.

[zeugma]

I ask again: How can a district judge have authority beyond that district?

They don't. Expect that to be addressed by the supreme court this term or next. Sooner the better IMO.

[semimojo]

The passage requires only an agreement, not a treaty.

An agreement that we don't have with Mexico.

...with U.S. and Mexican officials discussing a potential safe-third-country agreement during U.S. officials’ trip to Mexico in May and in a subsequent trip in July. Overall, Mexican officials have largely rejected the idea.

We're working on it but haven't gotten it done.

[Lean-Right]

I remember now why I moved out of
Florida....