Well, an appeals court has endorsed at least part of the Federale solution to the kritarchy, arresting and prosecuting State judges who interfere with the enforcement of immigration laws. While the 1st U.S. Circuit Court of Appeals did not endorse the arrest of kritarchs in the Deep State bureaucracy at the Executive Office for Immigration Review (EOIR), nor did it endorse arresting other Federal kritarchs unlawfully interfering with the enforcement of immigration law, it did state plainly that there is no principal of judicial immunity for interfering with the arrest of illegal aliens in the Constitution or in legislation.
As some readers may know, I broke the story, at least the import of the story, of the successful attempt by Mexican Judge Monica Herranz to aid an illegal alien to escape arrest by U.S. Immigration and Customs Enforcement (ICE) Enforcement and Removal Operations (ERO) officers; she allowed the illegal alien to leave the courtroom through her judicial chambers [Mexican Judge Helps Mexican Illegal Alien Escape, VDARE, March 5, 2017 and Now More Than Ever, No “Sanctuary Courts”! Prosecute Mexican Kritarch Monica Herranz!, VDARE, June 12, 2017].
The radical left and the Obama Regime had been running a deliberate campaign against arrests of illegal aliens in State courts and were seeking an administrative ban on such arrests. The Trump Administration cancelled those plans and made State courtrooms another place where illegal aliens could not hide. The Biden Regime has since instituted a ban on arrests of illegal aliens in State courts as part of their amnesty for illegal aliens.
One of the saddest aspect of the Herranz case was that Jeff Sessions failed to follow up this crime with prosecution and allowed the holdover Democrat U.S. Attorney, Billy Williams, to let Herranz skate.
However, a Republican U.S. Attorney, Andrew Lelling, for the District of Massachusetts, was not having any of this nonsense by local Democrat kritarchs interfering with the execution of Federal arrests when Judge Shelly Joseph and her bailiff assisted another illegal alien to evade lawful arrest [Shock, Trump Administration Moves Against Sanctuary Courts: Judge Who Helped Alien Escape Is INDICTED!, VDARE, April 25, 2019]. Sleepy Jeff Sessions was always a disappointment and nothing, aside from the recommendation to President Trump that Rod Rosenstein be nominated for the Deputy Attorney General position, shows more how schizophrenic the Trump Administration was on the immigration enforcement issue.
But back to Judge Joseph. As mentioned before, her attempt to get her case dismissed has been quashed. Joseph had argued that judges have a general immunity from criminal prosecution for criminal activity as a result of their official duties. That is, of course, nonsense. There nothing in Federal law or the Constitution that gives any judge, much less a State judge, immunity from criminal prosecution for official or unofficial acts. In fact, Federal judges have been prosecuted for their criminal acts in the courtroom, mostly black judges, which is no surprise.
A Massachusetts judge might face prosecution after a federal appeals court on Feb. 28 declined to dismiss a case in which she’s accused of blocking the arrest of an illegal immigrant.
In a criminal case filed during the Trump administration, Newton District Court Judge Shelley Joseph is accused of impeding a federal immigration arrest of a defendant in her courtroom in 2018. Court papers say the judge blocked a U.S. Immigration and Customs Enforcement (ICE) agent from detaining a man who fled the court through a rear door.
Her lawyers sought to argue that she should have immunity as a judge to allow the illegal immigrant to leave the courtroom, and that the prosecution was unconstitutional.
However, the 1st U.S. Circuit Court of Appeals in Boston rejected an appeal to dismiss the case, saying it was “premature.” The three-judge panel said that absent an explicit statutory or constitutional right to avoid trial, she and her courtroom deputy, Wesley MacGregor, would need to face a jury first.
[Massachusetts Judge Might Face Prosecution for Allegedly Blocking ICE Arrest, by Isabel Van Brugen, Epoch Times, March 2, 2022]
The real question is: Why wasn’t Judge Herranz arrested as well? Obviously minority privilege that did not extend to the very white Judge Joseph was part of the decision matrix, along with President Trump acquiescing to allowing a Democrat U. S. Attorney to remain in office. But the real fault is Sleepy Jeff Sessions' failure to call up that Democrat holdover and instruct him to prosecute Herranz to the fullest extent of the law.
One hopes the next Trump Administration has a better personnel policy.