judiciary

ICE Removes Convicted Murderer to Guatemala

PORTLAND, Ore. – U.S. Immigration and Customs Enforcement (ICE) officers removed a Guatemalan national Thursday, who was convicted of a 1985 murder in Oregon.

On Dec. 13, 1985, the Portland Police Bureau arrested Luis Lopez Carrasco, 56, for murder and other local charges.

Lopez-Carrasco was previously removed in 1984 after an immigration judge issued him a final order of removal. He illegally re-entered the U.S. and in May 1985 was convicted in Texas for aggravated robbery and sentenced to 10 years’ confinement with the Texas Department of Corrections. It was while he was serving this sentence that Texas authorities facilitated his extradition to Oregon to face additional charges in Multnomah County, Oregon. . .

Attorney General William Barr Authorizes DOJ To Look Into Voting Irregularities

Attorney General William Barr in a memo issued on Monday authorized the Justice Department (DOJ) to look into voting irregularities in the 2020 presidential election.

The memo was addressed and signed from Barr to U.S. Attorneys, the assistant attorneys general for the DOJ’s criminal division, civil rights division, the national security division, and the director of the Federal Bureau of Investigation (FBI), Christopher Wray. . .

Federal Courts Rule Against Border Wall Construction

 


President Trump’s efforts to hasten the construction of a barrier on our southwest border faced roadblocks in the courts recently. In two instances, federal courts dealt setbacks to the construction of a border wall – one of his signature campaign promises.

The first case, Sierra Club v. Trump (No. 19-17501), concerns the president’s emergency declaration in February . . .

Amy Coney-Barrett will defend America's Borders and Laws

https://www.irli.org/amy-coney-barrett-will-defend-americas-borders-and-...

 

With the disgraceful spectacle of the Kavanaugh hearings still fresh in many people’s memories, America is about to witness another Supreme Court confirmation process, one that may make the last one look dignified by comparison. That would be a shame, because Judge Amy Coney Barrett is a sterling nominee who has shown a reverence for America’s laws and sovereignty.

In her Rose Garden introduction as the nominee to replace Ruth Bader Ginsburg . . .

 

Federal Appeals Court Rules Against Sanctuary Cities

    The Second Circuit Court of Appeals reversed a lower court's decision today that will allow the Trump Administration to withhold certain funds from jurisdictions that refuse to cooperate with Immigration and Customs Enforcement. The ruling allows the Justice Department to withhold Byrne JAG federal grants from hundreds of local governments across the country if they continue to protect criminal illegal aliens.

    The ruling is a significant victory for Pres. Trump and those who oppose sanctuary policies. The Court ruled that . . .

Big! States can prosecute illegal aliens for identity theft

It’s hard to believe we needed a court case, that had to go to the Supreme Court, to allow state prosecution of illegal aliens who steal identities. But, we did.

The Supreme Court ruled on Tuesday that state governments can prosecute illegal aliens of identity theft, including aliens who use false Social Security numbers to unlawfully gain employment. . .

Liberty Headlines: Supreme Court OKs Denial of Green Cards for Those Likely to Need Gov’t Aid

(Liberty Headlines) The Supreme Court on Monday allowed the Trump administration to put in place a policy connecting the use of public benefits with whether immigrants could become permanent residents

Victory for American tech workers

WASHINGTON � Today, the D.C. Circuit Court of Appeals reversed a lower federal court ruling that displaced American tech workers lacked standing to challenge Department of Homeland Security (DHS) regulations authorizing alien employment in the United States.

In this case, the Immigration Reform Law Institute (IRLI) represents Save Jobs USA, which is made up of former employees of Southern California Edison. That public utility drew bipartisan criticism in Congress when it displaced 500 of its American employees after forcing them to train their cheaper foreign replacements.

As spelled out in federal law, the H-4 visa allows the spouses of H-1B guestworkers to “accompany” the alien to or “join” the alien in the United States. Under the Obama Administration, DHS added to the law governing the H-4 visa by allowing H-4 spouses to work in the United States. Since many of these foreign tech-workers’ spouses are tech workers themselves, Save Jobs USA filed a lawsuit in the U.S. District Court for the District of Columbia that challenged DHS’s authority to issue these work authorizations.

The district court held that Save Jobs USA lacked standing to bring the lawsuit because it did not suffer an injury from the employment of their H-1B competitors. Today, however, the D.C. Circuit, in reaffirming the “competitor standing doctrine,” held that Save Jobs USA did suffer injury from the regulation and had standing to sue.

The case will now return to the district court for a decision on whether DHS has the authority to permit H-4 spouses to work.

“The media has largely ignored the problem of DHS creating guestworker programs through regulation,” said John M. Miano, counsel for IRLI. “The Constitution gives Congress authority over the immigration system, but more labor now enters the U.S. job market through regulation than under laws passed by Congress.”

“The Save Jobs USA case has major implications for the immigration system,” said Dale L. Wilcox, executive director and general counsel of IRLI. “If the courts hold that DHS does have the authority it claims to permit alien employment through regulation, it can continue to wipe out the protections for American workers that Congress has enacted. We are pleased by the court’s decision on standing, and will press forward to get this unlawful foreign workers’ program overturned.”

The case is Save Jobs USA v. U.S. Department of Homeland Security, No. 16-5287 (D.C. Cir.).

Why block the traditional Census citizenship question?

On the last day of its recent session, the U.S. Supreme Court voted 5 to 4 to block the traditional citizenship question from America's 2020 Constitutionally-required Census. While the court ruled the question is indeed constitutional, Chief Justice Roberts apparently did not like the "tone" of the Trump administration's insistence the traditional citizenship question be reinstated.

Our government has demographic information on legal immigrants and visa holders. The Census citizenship question would provide demographic information on those who are not citizens.

If the citizenship question were to be asked, then it would be a rudimentary process to subtract the set of legal immigrants and visa holders from the set of those who are not citizens. The result would be the set of those who are illegal aliens, complete with address of residence.

This is the information that the Democrat party does not want revealed, as they benefit from a mass influx of illegal aliens - and their descendants - who ultimately will vote Democrat.

Excerpts from articles analyzing this decision follow:

 

Supreme Court Votes 5-4 To Block Citizenship Question on 2020 Census, by Ken Klukowski, Breitbart, June 27, 2019:

Chief Justice John Roberts was the swing vote in a sharply divided Supreme Court that voted 5-4 in deciding the U.S. census can ask about citizenship, but by a separate 5-4 vote is sending the case back to the lower court.

Consequently, the citizenship question cannot be asked on the 2020 census, because the additional hearing cannot take place before the cutoff for printing the census forms for next year.

This decision will immediately be compared to the 2012 decision saving Obamacare. Roberts was joined by the four conservative justices to say federal law permits asking about citizenship, but then switched over to join with the four liberal justices to remand the case to the federal trial court for further evidentiary hearings....

Roberts noted “demographic questions have been asked in every census since 1790, and questions about citizenship in particular have been asked for nearly as long.”...

Conservatives and the Trump administration will be deeply disappointed by this decision, and are likely to harshly criticize the chief justice....

The impact of today’s decision reaches far beyond the 2020 census. Justice Thomas concluded in his dissenting opinion for conservative justices:

The Court’s erroneous decision in this case is bad enough, as it unjustifiably interferes with the 2020 census. But the implications of today’s decision are broader. With today’s decision, the Court has opened a Pandora’s box of pretext-based challenges in administrative law.

Today’s decision marks the first time the Court has ever invalidated an agency action as “pretextual.” Having taken that step, one thing is certain: This will not be the last time it is asked to do so. Virtually every significant agency action is vulnerable to the kinds of allegations the Court credits today. These decisions regularly involve coordination with numerous stakeholders and agencies, involvement at the highest levels of the Executive Branch, opposition from reluctant agency staff, and—perhaps most importantly—persons who stand to gain from the action’s demise. Opponents of future executive actions can be expected to make full use of the Court’s new approach.

 

SCOTUS sides with Trump on constitutionality of census citizenship question, but the question is still unlikely to appear on 2020 forms due to remand, Conservative Review, June 27, 2019:

In a complicated 5-4 ruling handed down on its last day of its recent session, the Supreme Court ruled that the Trump administration’s addition of a citizenship question to the census complied with the constitution, but also effectively blocked its implementation for the 2020 survey.

In short, the ruling finds that the executive branch has a right to reinstate a question about citizenship, but that it needs to come up with a better explanation for adding it....

 

Upshot of today’s SCOTUS rulings: Courts are God except for one ‘rare circumstance’, by Daniel Horowitz, Conservative Review, June 27, 2019:

Today’s Supreme Court ruling in the gerrymandering cases was a victory for those who believe in the proper role of courts, irrespective of political outcome. It’s a refreshing change of pace from judicial supremacy. Unfortunately, what the chief justice giveth in the redistricting case, he taketh in the census citizenship case where he reaffirmed the power of the courts to get involved in every other political question and litigate it to death....

in the census case, while recognizing that “our interpretation of the Constitution is guided by a Government practice [asking a citizenship question] that “has been open, widespread, and un-challenged since the early days of the Republic,” he refuses to reverse the lower court’s interference with its enactment.

In a complex and defragmented plurality ruling that morphed into a unanimous order, Chief Justice Roberts helped give liberals a majority in keeping the litigation against the census question alive by remanding the case back to the courts. Meanwhile, rather than rebuking the lower courts for getting involved in a political dispute in such an unprecedented way, he legitimized much of their ruling. Moreover, with this ruling, he gave them endless ammo to shut down any common sense and lawful executive actions governing the enforcement of many critical laws, which will reverberate in other spheres of policy such as border security.

The 2010 Census under the Obama administration was the first time since 1840 that the citizenship question was not asked in any form. The same way Obama decided to extirpate it from the Census without question, Trump had the power to reinstate it....

In comes Roberts and admits that nothing in the Constitution or statute could possibly preclude the secretary of commerce from adding the citizenship question. But in what has become a pernicious pattern of the courts over the past few years, Roberts decided that he didn’t like the administration’s motivation behind it and feels it requires further litigation in the district court. He didn’t even agree with the plaintiffs that the administration violated the Administrative Procedure Act (APA) by promulgating a regulation that is “arbitrary and capricious,” another favorite of the lower courts....

In reality, 13 U.S.C. §221 states very clearly that every resident is required to answer any question under penalty of fine unless it’s a question about religion. That is the only question walled off by Congress....

The Trump administration lawyers are going to have to come to terms with defending the prerogatives of the executive branch of government or risking the implementation of Obama’s third, and perhaps, fourth term in office....

 

Why the Citizenship Question Is So Important, Kris W. Kobach, Breitbart, June 27, 2019:

... From 1820 to 2000 a version of the citizenship question was asked in every census but one (in 1840). After the 1950 census, the Census Bureau decided to create two census forms—a short, basic form that all households would receive and a long form (which about 1/6 to 1/4 of households would receive) that would ask all of the information that the federal government needed. Thereafter, the citizenship question remained on the long form until the long form was terminated after the 2000 census. At that point the long form was replaced by the annual American Community Survey, which still contains the citizenship question. But only a tiny percentage of the population receives it.

The Trump Administration in early 2018 made the entirely-correct decision to restore the citizenship question to the census....

In a rational world, the Court would have issued a 9-0 decision rejecting each of these arguments. Instead, the Court ruled by a narrow 5-4 vote that asking the citizenship question was consistent with both the Constitution and the Census Act....

There are so many additional reasons for the United States to know how many citizens it has, that it is difficult to select any single one as the most important. Here’s my list:

1. The number of citizens is something that every sovereign country should know. Canada, Mexico, France, Germany, the United Kingdom, and dozens of other modern countries ask the question....

2. The principle of one person, one vote is at stake. Right now, state and federal legislative districts are drawn up simply based on the number of warm bodies in each district. Not only are legal aliens counted, but illegal aliens are counted too. As a result, citizens in a district with lots of illegal aliens have more voting power than citizens in districts with few illegal aliens.

3. The assumption behind moving the citizenship question to the long form turned out to be wrong. It was hoped in the 1950s that a recent federal statute requiring all aliens to register and notify the federal government whenever they moved would be followed and enforced. That data could be substituted for the information lost by moving the citizenship question to the long form. However, the assumption turned out to be incorrect....

4. The citizenship question provides important information about voting. Knowing who is a citizen and who isn’t allows the government to make a more accurate determination of what percentage of eligible citizens are voting in each state and each county.

5. It yields a wealth of valuable information about immigration. The question allows the government to determine which regions of the country see greater naturalization rates among aliens. This in turn reflects the assimilation of aliens into the American community. Citizenship data also enables the government to better calculate the number of illegal aliens in the country. Right now, estimates range from 11 million to 30 million. The open-borders Left doesn’t want the American people to know the true number.

And the list goes on....

 

SCOTUS Loses Its Census over Citizenship, by Daniel John Sobieski, American Thinker, June 28, 2019:

Supreme Court Justice John Roberts may go down in judicial history as the worst Republican SCOTUS pick ever. The man who found ObamaCare constitutional by inventing the fiction that it was a tax has joined the court’s four liberals to block a citizenship question on the 2020 Census, not because it is unconstitutional, but rather because he didn’t like the Trump administration’s reasons for asking for it.

The man who supervises the FISA Court, which blindly accepted every lie and fake document the Obama FBI and DoJ put before it to justify the deep state coup against the Trump presidency, says the reasons Commerce Secretary Wilbur Ross presented for requesting its inclusion, well, didn’t smell right....

Asking this question is necessary to the functioning of a modern state and is an international norm, not the wet dream of white supremacists. As Hans von Spankovsky writes in the Washington Examiner:

To have an informed debate, shouldn’t we have accurate information about the citizen/noncitizen population of the country? In fact, even the United Nations recommends that its member countries ask a citizenship question on their census surveys, and countries ranging from Australia to Germany to Indonesia all ask this question. Only in the U.S. is this considered at all

Restoring the citizenship question to the Census is not unprecedented, not unconstitutional and absolutely necessary to help restore our national identity watered down by the “we are the world” globalists and denounced by the 2020 Democrats who want to decriminalize illegal border crossing and throw the borders open....

Gagging judges endangers Oregonians

 
from the office of
 
SENATOR
KIM THATCHER
 
 
FOR IMMEDIATE RELEASE
Wed., June 12, 2019
 
Jonathan Lockwood
971-645-2099
 
Gagging judges endangers Oregonians
 
SALEM, Ore.—Oregon Democrats are gagging judges through a speech control measure that will prohibit courts from knowing or inquiring about an alleged criminals’ immigration status. 
 
House Bill 2932 was passed in the Senate on a party-line vote. In Oregon, there are 913 illegal immigrants in the penal system currently; of which 132 are convicted of homicide and 458 on sex-offenses. This bill protects these offenders from the sum of all of their crimes by preventing the court from taking their immigration status into consideration, which could lead to the offender’s lawful removal from the country. 
 
HB 2932 disrupts the balance of the criminal justice system by allowing the legislature to assert their power over the courts and prevents justice from being had.
 
State Sen. Kim Thatcher, R-Keizer, released the following statement:
 
“Gagging judges endangers Oregonians’ lives and puts criminal aliens above the rule of law. We need to sound the alarm for our constituents on this issue because it threatens all Oregonians—including the immigrant community. House Bill 2932 shields illegal immigrants whom were charged and/or convicted of felony offenses from the full consequences of their actions by completely restricting the court's power to inquire about the citizenship status of the defendant. We are watching a litany of bills fly through the Legislature with little to no debate. We should be putting people ahead of politics. We need people to call on Gov. Kate Brown to NOT sign this bill into law--it will endanger Oregonians.”
 
###
 
For follow-up commentary contact Thatcher spokesperson Jonathan Lockwood at 971-645-2099.
 
 

 

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