The Obama Regime and a kritarch have united in an attempt to end run Congress and impose free attorneys for illegal aliens without legislative authority or appropriation. It is another aspect of the Regime's ongoing Administrative Amnesty as well as its contempt for the Constitution.
NYT By Julia Preston April 24, 2013
A federal judge in California has ordered immigration courts in three states to provide legal representation for immigrants with mental disabilities who are in detention and facing deportation, if they cannot represent themselves. The decision is the first time a court has required the government to provide legal assistance for any group of people before the nation’s immigration courts.
The ruling by Judge Dolly M. Gee, of federal court for the Central District of California, in Los Angeles, was handed down late Tuesday in a class-action lawsuit brought in 2010 by the American Civil Liberties Union, among other groups. One plaintiff in the case is José Antonio Franco González, 33, an immigrant who was detained for more than five years after his deportation case was closed, because severe mental retardation prevented him from arguing for himself in court or even understanding his situation.
Even worse, the Regime is instituting this policy without authority from Congress and without the lawful appropriation of funds. The action by the open racist Eric "My People" Holder, is a violation of the Appropriations Clause of the Constitution and the Anti-Deficiency Act.
On Monday, federal immigration officials issued a new policy that would, in practice, expand the California ruling nationwide, making government-paid legal representation available to people with mental disabilities in immigration courts in every state. The release of that policy indicates that the Justice Department, which runs the immigration courts, broadly accepts the approach ordered by Judge Gee.
It is clear there is collusion between the Treason Bar, Holder, Janet Napolitano and the ACLU during this lawsuit. Such a policy of providing attorneys for aliens in removal proceedings at government expense is specifically prohibited by an Act of Congress, the Immigration and Nationality Act of 1965, as amended, Section 240(a)(4)(A):
(4) Aliens rights in proceeding.-In proceedings under this section, under regulations of the Attorney General-
(A) the alien shall have the privilege of being represented, at no expense to the Government, by counsel of the alien's choosing who is authorized to practice in such proceedings,
The action by Kritarch Gee, herself of Chinese descent from immigrant parents, and clearly not a disinterested legal professional, clearly shows an agenda worthy of the Warren Court and its absurd decision mandating welfare attorneys for criminals. There was and there remains nothing in the Constitution or its Amendments, specifically the Sixth Amendment. Nor is there anything in the Constitution that mandates attorneys for aliens in administrative proceedings.
However, like the leftists on their Long March through the Institutions, the radical left is starting small, attorneys for the mentally incompetent, but another Kritarch, or even Kritarch Gee, will appoint all of her fellow Chinese and other aliens, free attorneys regardless of competence, sooner or later, just as the left started with mandating free counsel in capital cases then slowly expanded the requirement step-by-step to all criminal cases.
All, however, with the connivance of the Attorney General, the Secretary of Homeland Security, the Treason Bar and the ACLU, to violate the Constitution itself. When will the RINOs stand up and impeach the Chinese Kritarch Gee and her co-conspirators?