Kevin Daley, DCNF
Acting Immigration and Customs Enforcement Director Thomas Homan partly blamed the 9th Circuit Court of Appeals for the recent increase in illegal immigration, arguing the court’s decisions have created a legal environment friendly to foreign aliens.
Homan told the Washington Examiner Wednesday that the 9th Circuit’s decisions incentivize illegal crossings, suggesting immigrants know they will receive favorable treatment in its jurisdiction.
“I think the uptick right now is on the family units, especially the family units and the UACs. And that uptick is because of the loopholes in the system and some of the decisions by the 9th Circuit,” he told the Examiner.
“When you get a recent court decision saying you can only detain a family for so many days, when there’s constant repeals and temporary restraining orders, people seeing the administration getting their hands tied, they see it as an opportunity,” he added. He later acknowledged his evidence for the claim is anecdotal and cannot be substantiated with data.
Just this week the court reversed a conviction for transporting an illegal alien for financial gain, finding a lower court judge had given the jury incorrect instructions during deliberations. The case involved an Arizona resident named Lidia Rodriguez who tried to help an undocumented immigrant elude the Border Patrol in 2013. The immigrant in question attempted to cross the border illegally on two prior occasions.
The 9th Circuit has also found that U.S. law enforcement cannot permanently detain immigrants before deportation. Foreign aliens detained longer than six months are entitled to a bond hearing, through which they could obtain a conditional release, the court ruled in 2015. The Supreme Court is currently reviewing that decision.
In a related vein, President Donald Trump’s administration appealed directly to the Supreme Court after a federal judge in San Francisco, Calif., ordered the government to continue administering the Deferred Action for Childhood Arrivals (DACA) program, that extends temporary legal status to nearly 700,000 foreign aliens. It is extremely uncommon for the government to appeal directly to the Supreme Court and bypass the circuit courts, though the Department of Justice argues the case requires immediate resolution.
The 9th Circuit has also twice stayed President Donald Trump’s travel sanctions, though those rulings would not affect illegal entry at the southern border.
Twenty percent of the U.S. population is situated in the 9th Circuit. The court’s jurisdiction is massive, stretching from the shoals of Hawaii, to Alaska’s far, snowy reaches, to the Grand Canyon.
Trump nominated Homan for ICE director in Nov. 2017.
Freedom of Speech Isn’t Free
The Daily Caller News Foundation is working hard to balance out the biased American media. For as little as $3, you can help us. Make a one-time donation to support the quality, independent journalism of TheDCNF. We’re not dependent on commercial or political support and we do not accept any government funding.
For licensing opportunities of our original content, please contact [email protected].
DONATE TO BIZPAC REVIEW
Please help us! If you are fed up with letting radical big tech execs, phony fact-checkers, tyrannical liberals and a lying mainstream media have unprecedented power over your news please consider making a donation to BPR to help us fight them. Now is the time. Truth has never been more critical!
- Judge dismisses sorority sisters’ lawsuit attempting to block transgender woman from joining: ‘the court will not define a woman today’ - August 29, 2023
- Here’s the EYE-POPPING total amount Trump raised in one day off his mugshot - August 27, 2023
- US military chopper carrying more than 20 Marines crashes over Australia - August 27, 2023
We have no tolerance for comments containing violence, racism, profanity, vulgarity, doxing, or discourteous behavior. If a comment is spam, instead of replying to it please click the ∨ icon below and to the right of that comment. Thank you for partnering with us to maintain fruitful conversation.