SPRINGFIELD OHIO IS NOT ABOUT CATS, DOGS, AND DUCKS; IT IS A LIVING EXAMPLE OF WHAT THE BIDEN-HARRIS-GARLAND TEAM HAS DONE TO DESTABILIZE COMMUNITIES AND DESTROY THE RULE OF LAW.
OVERVIEW & INTRODUCTION
On April 16th, 2024, the U.S. House of Representatives Committee on the Judiciary released a report—with undeniable statistical and legal foundation—entitled “How the Biden Administration’s Lax Immigration Enforcement Allows Dangerous Criminal Aliens to Run Free in American Communities.” Now it is certain that many of these “paroled” aliens (a “workaround” of the term “admission,” cobbled together by the Biden DOJ), are seeking economic opportunity and intend to abide by the law. This, however, misses the key point of both that report and the findings of at least one United States District Judge—namely that the administration is violating the law, ignoring the law, and conveniently misinterpreting it all in the name of fulfilling a Biden election promise to return “dignity” to the asylum and removal processes and to allow unvetted millions into the interior of this country with, at times, tragic consequences. The Committee report, which I urge all to read, states:
“Between January 20, 2021, and March 31st, 2023, the Biden Administration has removed from the United States only 5,993 illegal aliens who were encountered at the southwest border and who were placed in removal proceedings before an immigration judge during that time. In other words, of the at least 2.1 million aliens released into the United States since January 20, 2021, the Biden administration has failed to remove, through immigration court removal proceedings, roughly 99.7 percent of those illegal aliens.”
LET THIS SINK IN
Let this sink in. In spite of the clear intention of the laws that I will discuss below, millions have been released, including those who we read about in the headlines committing serious and heinous crimes against Americans, not to mention the hundreds of thousands admitted directly into the country by being flown into interior airports without having to cross the border. The CHNV parole process (another genius Mayorgas joint) promised at least 200,000 Venezuelans, Nicaraguans, Haitians, and Cubans a guaranteed two-year period of parole into the United States so they wouldn’t come into the country illegally. This smacks of Holder’s genius Fast and Furious program that provided weapons to cartel members as part of a “sting”—one was implicated in the murder of a federal agent. It is like giving shoplifters free stuff so they won’t steal. These are the policies of an administration that has propped up a candidate like Harris who will double down on this lunacy unless the courts finally intervene. Over 95 percent of these CHNV applicants get on a plane and are delivered to places like Springfield with all the tools necessary to become instant de facto citizens. This is not executive discretion—this is naked left-wing politics without regard to vetting, clear black letter law, as well as ignoring the ability of the infrastructure of these communities to absorb instant population growth. The Parole + ATD policy (alternatives to detention) adopted by Customs and Border Protection (the trio of Biden-Harris, Mayorgas, and Garland) with the complicity of Garland’s Department of Justice tossed out any arrest or Notice to Appear at “apprehension” but simply issued a Notice to Appear to report to a local ICE Office at a later date to be served with such Notice. Not so fast—these offices have been backlogged for years with high-volume offices booked, though—sit down—February 2034. According to the House report, Laken Riley’s killer, Jose Ibarra, a gang member from Venezuela, was not due to report until the end of this year, some 27 months after he was simply released into the United States. In the meantime, what can possibly go wrong? Even his committing of crimes while here awaiting his asylum determination did not flag DHS scrutiny.
Remember I have discussed in an earlier edition of this blog the importance of the separation of powers, and here, the executive has failed to faithfully carry out the law, which is well settled:
Pursuant to 8 U.S.C. Section 1225(b)1(A) and (b)1(B), if any alien indicates an intention to apply for asylum or a fear of persecution, the alien SHALL BE DETAINED pending a final determination of asylum or credible fear of persecution. For ALL OTHER arriving aliens, unless an immigration official determines that the alien is clearly and beyond a doubt entitled to be admitted, the alien SHALL BE DETAINED FOR REMOVAL PROCEEDINGS. See also 8 U.S.C. Section 1225(b) 2(A). (Emphasis mine)
This is the intent of the legislative branch: that detention is the most effective way to ensure that an alien will not abscond pending the immigration proceedings. Or, perhaps, commit crimes. However, Biden-Harris has decided to exercise some permissible “discretion” in a way that flaunts the law all for political expediency. The parole process has nothing to do with executive discretion, and the statistics tell it all. They parole knowing that there will not be a hearing for years and, further, that ICE assets simply cannot track the movements of those released in violation of law. Sanctuary cities do not cooperate with ICE detainers when removable crimes are committed by parolees, which would cause instant removal. The State of Florida had enough, and it offered evidence of the fiscal and infrastructure chaos this has caused. It sued. In March 2023, United States District Judge Kent Wetherell II held, in a case now on appeal by the United States, that Congress, by clear language, has the complete and absolute power to determine the confines of executive action and discretion in the arena of immigration policy and the admission and exclusion of aliens. In Florida v. United States 660 F Supp. 3d 1239 (N.D. Fla 2023), Judge Wetherell held that the detention and removal provisions cited above actually mean what they say. In fact, the United States Supreme Court had previously ruled that the law mandates detention. He found that the Biden administration was engaged in arbitrary and capricious (read illegal) parole actions using the Parole-ATD program and releasing millions into the interior. This was compounded by the rescission of the Remain in Mexico Trump policy, which had drastically reduced the number of persons released into the interior. The court stated:
“…For the most part, the Court finds in favor of Florida because, as detailed below, the evidence establishes that defendants have effectively turned the Southwest border into a meaningless line in the sand and little more than a speed bump for aliens flooding into the country by prioritizing ‘alternatives to detention’ over actual detention and by releasing more than a million aliens into the country ‘on parole’ or pursuant to the exercise of ‘prosecutorial discretion’ under a wholly inapplicable statute, without even initiating removal proceedings.”
The court ultimately vacated the Parole-ATD program as an outright violation of Congressional mandate. The case is on appeal but is one of many working their way to the Supreme Court, filed by states that have had enough of this lawlessness and chaos straining their treasuries and, in some cases, endangering their citizens. The Biden administration, from loan forgiveness to the COVID dictatorship, has been the most lawless administration in history. Who is a “threat to democracy”?
Folks, you are not engaged in the exercise of discretion when you are directed by an arbitrary DHS policy to admit now and release into the country to the tune of over 95 to 99 percent of eligible persons, depending on which policy applies. Courts have previously found in invalidating Obama’s DACA surprise that these figures represent blanket practices that do not involve “case by case” discretion at all. Remember he had a “pen and a phone,” and the law meant nothing. Biden did the same with Harris cackling in the background with her full throated approval. The practice is politically motivated sop to the left and a fulfillment of a campaign promise untethered to any notion of what is best for the safety and security as well as the fiscal health of communities across the nation. Springfield is but one example.
CONCLUSION
As I write this, Trump apparently was targeted again by a would-be assassin in Florida. While president, his immigration policies followed the law and protected our communities. Any executive who faithfully executes the laws would follow the directives of Congress as outlined above. For doing so, he has been labeled a dictator and a threat to democracy. Again, he is stalked by individuals who believe this garbage and want to be known for the ultimate homicide. How awful and corrupt this administration has been. In so many ways, they are responsible for this by creating false narratives that cannot withstand even facial scrutiny. My only hope is that we look at substance, and Trump needs to stop with the dogs and ducks and simply state what is plainly apparent—Harris and Biden forged an administration of lawlessness and expanded the executive in ways that are threatening our republic.
Mike Imprevento
September 2024
