September 11, 2019

In a blow to the forces of anarchy and a victory for America, the Supreme Court today allowed the Trump Administration's new asylum rules to take effect by lifting a second injunction by Obama appointed Judge Jon Tigar. The new asylum policy requires that anyone claiming asylum who is passing through a third country to come to the United States apply for asylum in that third country. The new policy was in response to the massive border crisis with 100,000 plus aliens crossing the border each month. While migrants from Honduras, Guatemala, El Salvador made up the majority of the influx,  migrants made the trip from as far away as Africa, Asia and South America. The overwhelming majority were economic migrants seeking to work in the US. 

This past July, Judge Tigar issued a nationwide injunction against the policy but that injunction was narrowed by a three judge panel of the 9th Circuit Court of Appeals to the states in that Circuit such as  California, Arizona, Alaska, Hawaii, Montana, Nevada, Idaho, Guam, Oregon and Washington. This allowed the Trump Administration to begin enforcing the policy in the border states outside of the 9th Circuit such as New Mexico and Texas while the case was being heard at the lower court. Not to be deterred, Judge Tigar citing "new evidence" moved to reimpose the nationwide injunction and was again over ruled by the 9th Circuit Court of Appeals. The Trump Administration which appealed the partial injunction to the Supreme court previously won a stay of the partial injunction. 

The lower courts have traditionally limited their injunctions against a governmental policy to the plaintiff's who are affected, however lower courts have increased their use of nation wide injunctions often going beyond many appellate courts. Thus instead of fully adjudicating the case at hand, they have become unelected judicial partisans acting at the behest of politically motivated parties who seek to thwart executive policy changes. By delaying implementation of a particular policy by a nationwide injunction, it is likely that some of the policy changes may never see the light of day until the particular administration is out of office. A great example is DACA, Deferred Action for Childhood Arrivals in which the Obama Administration issued an executive order granting a broad temporary amnesty to tens of thousands of illegal aliens. Even though executive orders do not carry the force of law and can be repealed by any subsequent administration, the Trump Administration was blocked by a nation-wide injunction issued by a lower court. While the practice of nation-wide injunctions occurred during the Obama administration, it has doubled under the Trump Administration from twenty to forty.

The Trump Administration's other court victory allowing the President to move forward with spending reprogrammed federal funds for the border wall taken together with this decision will no doubt bring a reduction in the insane border disorder. The court was likely moved by the President's declaration of a national emergency on the southern border and the power delegated to the executive branch as vested in the constitution as well as legislatively by Congress. Yet even while acknowledging the crisis at the border, the Supreme Court's action was criticized by NY Congressman Jerrold Nadler, D-N.Y., and Subcommittee on Immigration and Citizenship Chair Zoe Lofgren, D-California. In a statement they claimed, "Lives will be lost. This rule will result in those fleeing fear and persecution to be turned away at our doorstep and will only exacerbate the humanitarian crisis in the region."

Missing in the statement is the fact that 90% of asylum claims are not substantiated, the majority who are released into the interior with work permits and never showed for their court hearing had their asylum claims denied. The simple truth is what applies here. A nation with no borders that welcomes anyone who seeks to come will be a nation no more. Even after illegal aliens receive due process and are ordered removed, many in Congress have demanded that Immigration and Customs Enforcement discontinue removal efforts which include those that commit criminal acts. Congress members have gone so far as to offer free health care, college and the right to vote. What can the American People do? The remedy is an informed electorate with the power to vote. That is the most effective remedy to a disloyal leftist political class seeking to destroy our Republic. Say no to border disorder.

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