Barack Obama postponed his plan for a mass Administrative Amnesty by Executive Order —but his stealth Administrative Amnesty through regulatory relaxation and litigation legerdemain continues. An unholy trinity of the Obama Administration, Open Borders activists, and federal judges is eliminating America’s immigration laws through the courts. In the latest case, Obama-appointed John A. Kronstadt actually gave Treason Lobby’s American Civil Liberties Union (ACLU) key oversight over immigration enforcement. Not for the first time, we point out that impeaching Judge Kronstadt is the only answer.
Judge Kronstadt is poised to invite up to 30,000 previously deported illegals back into the country, even as they retain their illegal status. He permitted a sweetheart deal between the United States government and the ACLU which allows illegals who returned home through “voluntary return” to re-enter the United States. The rationale: The illegals didn’t have enough lawyers informing them of their “rights.”
Nine Mexican immigrants who agreed to be deported from the United States during the last five years will be allowed to return to fight their expulsions under an agreement announced Wednesday that could also include other Mexicans who consented to leave.
In a lawsuit against the federal government brought last year, the American Civil Liberties Union argued that enforcement agents had coerced the nine into accepting a type of removal known as voluntary return by failing to advise them of their rights or warn them of the consequences. After deportation, most immigrants living here without papers cannot legally come back for at least three years and often as long as a decade.
[9 Mexicans Can Return to Contest Deportations, by Jennifer Medina and Julia Preston, New York Times, August 27, 2014]
Note the New York Times reporters’ emphasis on the claim that these deported illegal aliens are barred from filing for an immigrant visa for three to ten years. Actually, this is not the whole story. These illegals have a waiver available to skip this exclusion period—and U.S. Citizenship and Immigration Services (USCIS) is approving these waivers wholesale.
To ensure that the American Civil Liberties Union essentially has control over immigration law enforcement, the deal gives the ACLU the power to monitor the “compliance” of the Border Patrol and Immigration and Customs Enforcement.
As the New York Times gleefully reports,
As part of the already agreed changes, immigration and border agencies will set up a telephone hotline with information for people considering voluntary departure and will provide lists of lawyers and times to consult them as well as better access for lawyers to meet with those who are detained.
“This is a substantial reform of how Border Patrol and ICE do business,” said Sean Riordan, senior staff attorney for the civil liberties union in San Diego, using the acronym for the enforcement agency. The agreement allows the A.C.L.U. to monitor the agencies’ compliance for three years.
Why is the American Civil Liberties Union suddenly running our immigration policy? Because the Obama Administration wants it to. The Administration is already refusing to appeal negative decisions in immigration court, thus allowing illegals to stay in the country. But this settlement goes a step further. The government’s eagerness to settle with the ACLU suggests that the two groups were in collusion from the beginning.
Henceforth, the government will essentially be lobbying illegals not to leave the country. Quite a departure from self-deportation.
Indeed, the NYT reports, illegals “will not be given any new legal status, but will be able to take up their cases where they stood before deportation.” This means that the Regime knows the aliens are illegally present, but refuses to do anything about it.
In a First World country governed by the rule of law, Judge Kronstadt would have thrown out this settlement on the grounds that allowing a previously deported illegal alien back into the country while they still lack legal status is essentially trafficking in illegal aliens. Needless to say, such an act (“Bringing in and harboring certain aliens”) is already against the law—the United States code is quite clear that it is a criminal offense.
Yet in Third World-occupied America Judge Kronstadt casually threw aside the laws he’s sworn to enforce and essentially agreed to help smuggle aliens into the United States. And it is this same judge, the NYT reports, who decides next year whether this goes beyond the nine immigrants involved in the settlement to encompass tens of thousands of people:
Although the case involved only nine immigrants deported from San Diego and Los Angeles, it could apply to many more if a judge [Kronstadt] approves a section of the agreement that would extend it to all Mexicans who left from Southern California by voluntary departure after June 2009 and who would have had viable claims in immigration courts.
Even before Judge Kronstadt rules on the further ramifications of this settlement, he has already given legal cover for the Regime to continue allowing deported aliens to re-enter the United States without legal status, as with Elvira Arellano and other DREAMer types. Immigration and Customs Enforcement (ICE) has gone so far as to participate in smuggling illegals by releasing illegal alien minors to their illegal alien parents.
Previously, this was all done under the radar. Now it is all out in the open—with approval from a federal judge. But there is a solution.
Judge Kronstadt is the weak link here, as he is the one who essentially had to agree to transform the United States court system into an adjunct of the human smuggling business. It’s time for immigration patriots to make an example—exactly as the Left was preparing to do when it feared that the U.S. Supreme Court might overthrow Obamacare.
It’s time to impeach Kritarch Kronstadt.
The blogger Federale (Email him) is a 4th generation Californian and a veteran of federal law enforcement, including service in the legacy Immigration and Naturalization Service, the Department of Homeland Security, and other federal law enforcement agencies.
Federale's opinions do not represent those of the Department of Homeland Security or the federal government, and are an exercise of rights protected by the 1st Amendment to the Constitution of the United States.