Editor’s Note – This President and this administration, in pursuit of their radical far left political ideology, have placed themselves above the rule of law. And they have done so will the full complicity of the media in this country.
Our Founding Fathers decreed that America is a nation of laws, not of men. I submit that we no longer live in the country once known as the United States of America. It would be very appropriate for the Obama administration to propose to Congress a change of name of this land to something more appropriate to our current state of affairs.
Perhaps, the Progressive States of Apathy?
Why not, it’s certain that the citizens of this country will sit idly by and allow it to happen. After all, there has been but a ripple from the public over the absolute suspension of law covering illegal immigration. At some point, we have to call the truth for what it is.
Considering the absolute success Obama has enjoyed here, one can hardly wait to see where next his administration plans to cast aside the rule of law. I’m sorry, did I stir your slumber…
METCALF: Our Failing Immigration Courts
Again, the Obama administration abandons the rule of law
By Mark H. Metcalf
One month ago – without notice to Congress, without a word to the American people – the Department of Homeland Security began dismissing from U.S. immigration courts the cases of thousands of illegal aliens. The department says it will focus its efforts on removing criminal aliens.
Aliens without serious criminal histories – 250,000 by some estimates – will be left alone.
This policy closely follows last August’s announcement by the department that it would not deport fugitive aliens – aliens who skipped court or disobeyed orders to leave the United States. These policies assure that more illegal immigration will follow – with illegals confident that the administration, which refuses to secure this nation’s borders, will not remove those who enter and remain illegally.
This latest move by Homeland Security is unprecedented. What it is doing by wholesale dismissals is done routinely by immigration courts on a perceptive case-by-case basis every day. Aliens in deportation proceedings have for years asked courts to consider “other grounds” that would allow them to remain in the United States. The telltale failure of this policy is that no aliens who received those dismissals were pursuing “other grounds” of relief when the department initiated this scheme. Proof of failure is sure to come when few aliens return to court to seek the relief the department claims is present.
Regardless of what becomes of these people, the rule of law has been ignored by an administration bent on pursuing policies without legal precedent or even – public support. Making matters worse, the historic check and balance of authoritative courts – courts that can refuse the bidding of a reckless executive agency – are absent. Weak immigration courts can only yield to this abuse of power. And here the larger truth emerges.
America’s immigration courts beg for reform. Defined by weakness, they are the heart of a system that nurtures scandal. From 1996 through 2009, the United States allowed almost 1.8 million aliens to remain free prior to their trials before immigration judges. Of those, 770,000 – 44 percent – never showed. Over the past 14 years, nearly 1 million deportation orders were issued to aliens the United States allowed to remain free prior to their trials. Seventy-eight percent of those people never came to court and were ordered removed. Nearly 600,00 remain at large.
From 2002 through 2006, 49 percent of all aliens free pending court appearances disappeared. The Justice Department – the agency that manages the courts and declared the courts a “critical element” in protecting America – never told Congress. The present court system – one without authority – is broken, and its breaking has far-reaching effects. Enfeebled courts breed no-show litigants, unenforced orders, listless caseloads, tardy relief and annual reports to Congress that hide the truth. When confronted by an administration willing to disregard a cornerstone of federal law – the Immigration and Nationality Act – courts can do nothing. Rule of law is the answer to this government-created quagmire. A new court system – a system able to redeem the worthy and promptly remove the suspect – is the solution.
Simply stated, America’s immigration courts are upside down. Aliens who enter this nation illegally and then evade court or disobey orders to leave are treated better than the general public in courts across the United States. In any other court, court evasion results in contempt charges, arrest and incarceration. In any other court, judgments are enforced and court business is reported candidly to the public.
American commitment to compassion, pluralism and the rule of law is as large and generous as the continent we occupy. The Immigration and Nationality Act is the most powerful expression of that commitment. It saves the persecuted. It welcomes the skilled. It confirms the exceptionalism of America. To continue this legacy, the INA and the institutions that interpret and enforce it must change. A court of law equal to this legacy is essential for reform. A nation built on the rule-of-law should seek no less.
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