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  • Obama's Immigration Get out of Court Free Card

    Justice for John Yoo and Jay Bybee

    There is an important column on immigration today in The Washington Times Commentary section by Mark Metcalf, a former Justice Department colleague and good friend of mine.  I previously reported for The Foundry on his testimony in June about our broken immigration court system before the House Judiciary Committee’s Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law. Metcalf is a former immigration judge who writes about the disdain the Obama administration has shown toward the rule of law with its wholesale dismissal of thousands of cases against illegal aliens. It is also ignoring the more than 600,000 outstanding deportation orders already issued by immigration courts (unless a particular alien has a criminal record).

    This will, Metcalf points out, “assure that more illegal immigration will follow — with illegal [alien]s confident that the administration, which refused to secure this nation’s borders, will not remove those who enter and remain illegally.”

    This policy of ignoring the law, ignoring court orders, and implementing the across-the-board dismissal of immigration cases against illegal aliens can occur because of a fact that few members of the public realize: our immigration courts are administrative courts within the Justice Department, and the judges are DOJ employees. Because they are not Article III federal courts with independent authority, they don’t have “the historic check and balance of authoritative courts — courts that can refuse the bidding of a reckless executive agency.”

    What is so infuriating about the Obama administration’s case dismissal policy is that it means that illegal aliens are being treated better than ordinary citizens: “Aliens who enter this nation illegally and then evade court or disobey orders to leave are treated better than the general public … In any other court, court evasion results in contempt charges, arrest and incarceration.”  Not so in the Obama-Holder world of justice.

    Posted in Legal [slideshow_deploy]

    26 Responses to Obama's Immigration Get out of Court Free Card

    1. Chris says:

      Once again, some pigs are more equal than others…

    2. Sara, San Diego says:

      Our system is out of control because there are too many loopholes in the laws that let federal government get away with it.

      That is why I support the Bonn Unlawful Immigration Reform Act (BUIRA) bill proposal now being considered by members of the House and Senate and I will support candidates that also support it because it solves this issue rapidly.

      We can finally end illegal immigration humanely and without amnesty or mass round-ups or wiating decades for attrition to work. This bill solves the issue within 12 months and save taxpayers over $100 billion a year. When over 80% of voters polled so far support BUIRA, I have to ask myself why are groups like the Heritage Foundation, ALIPAC, Numbers, and others not getting behind it to help voters pressure lawmakers—I am sick of all the complaining and no positive grass roots action to fix the problem.

      Read this and get a clue why don't you: New Immigration Bill Avoids Amnesty, http://xelanbonn.com/3540/new-immigration-bill-av

    3. Billie says:

      This president has some questions to answer to the American people.

    4. Pingback: Obama's Immigration Get out of Court Free Card | The Foundry … : PlanetTalk.net - Learn the truth , no more lies

    5. dannyroberts Phoenix says:

      my unanswered question about this Obama guy is, why on earth doesn't he respect the rule of law, is he really all that blind to the

      will of the people or is he so set on his radical agenda that he just doesn't care where it's taking us.My friends ,family and i knew from the get go that this was not the guy. Wake up America!

    6. Stan W. says:

      Other than native Americans, our ancestors all immigrated here from somewhere. In my case, it was Italy and Poland and they came through Ellis Island and, yes, I've been there. There was no easy pass. No, we'll speak Polish and Italian for you. They went through the system and learned English. Why are we bowing down to the hispanics?? What makes them so different than any of us?? Nobody is forcing them to come here. They're not fleeing tyranny. The grass is just greener for them. Go through the system, obtain citizenship, and welcome aboard. No easy passes—apply—-or go home.

    7. Elaine Kahl says:

      The present administration honors criminal behavior in all our communities across

      United States of America and demonizes the American citizens of America!! How

      is it possible that we have ignored these assaults upon our American Culture and

      have accepted the ideology of THE NEW WORLD ORDER to utimately cause

      our destruction???? By not enforcing our present laws we have given free range

      to the progressives!!! Solution: Remove ourselves from the UN! Setup a judicial system that is constitutionally bound to enforce the Rule of Law!!! We do not

      need interpretation to enforce our laws, specifically, you broke into my home now

      you can stay and live and steal from me to further your own agenda! We call

      this "How to game the system"! My only hope is that Americans will rise to the

      occasion and demand the RULE OF LAW and LAW ENFOREMENT! VOTE IN

      ALL ELECTIONS!!!

    8. Jeanne Stotler, Wood says:

      Not only did he allow this ICE gives these illegals work permits so they can take the jobs from those who are here legally or born here.

    9. Lloyd Scallan (New O says:

      When are we going to realize Obama is a socialist/Marxist. He has an agenda for this country. That agenda does not include any rule of law, other that what he and Holder deem as the law. Everything that he has shoved down out throats has been done with total disregard for the laws that govern this nation and the will of the American people. Just as with Obamacare, he will have his way with illegals

      entering this country. It makes no difference whether or not it's legal. He just does it. The really scary part is he gets away with it. If this guy is not stopped

      now, this country will not last until 2012.

    10. Carol, AZ says:

      We are holding the line in AZ.

      We understand what is happeing to our country and the trashing for, the rule of law.

      We need a 2/3 majority in the House and Senate in NOV..

      The question must be asked.

      HOW will the rest of America vote to end this madness.

    11. Roy S. Mallmann says:

      This is exactly why the mid-term elections are so important. Since Mr. Obama and his wife Michele, have both lost their law licenses (public record) it doesn't surprise me in the least that he doesn't follow the law. In my opinion, this person has done more harm to our country, than anyone in history. I am hopeful that the will of the American People will be realized and we will retake our government in 57 days, legally, by the way. I only hope that he and his minions don't tamper with the elections llike they are want to do.

    12. George in Sarasota F says:

      Power corrupts….Absolute power corrupts absolutley……

      Who in the hell cobbled together a judicial system in name only since they report to the people who bring them the cases……..bizarre….

    13. TJS, FL says:

      Dropping cases against illegal aliens is another reason to impeach Obama. There is a long string of such reasons pertaining to illegal aliens alone.

    14. Leon Lundquist, Dura says:

      What ever happened to the Crime, Refraining Prosecution. That is RICO Country, really criminal and actually Unconstitutional. These people swear Oaths Of Office. It is a Crime to fail these Oaths and a Crime to Swear False Oaths. It makes me crazy how these Progressive Liberals escape Prosecution. Treason, Black Operations against the Loyal Opposition, Harassment, Electioneering, massive Graft and political payoffs, Perjury, Lying to Congress, False Testimony, False Oath Taking — the list doesn't end. Isn't there somebody out there knows how to write an Indictment for these guys?

      What? You don't have $65.00 Filing Fee? Isn't it true that any Citizen can file Charges? Golly! Show the Jury old episodes of Glenn Beck and Ann Coulter's books (that's a joke), but the Facts are on the ground. They did the Research. Documents exist and the Testimony is fresh. Obama stole Election, him and his buddies subverted the Free Press! Gosh! That's Constitutional Crime (High Crime) to usurp Representation and it is Treason when the Justice Department does it, Refraining Prosecution to Conspire to Steal Election. That is what the Illegal Imigration fuss is about, the payoff is Refraining! Trading Political Acts for Votes. Don't you get it? This is a Racketeering, Influenced and Corrupt Organization, the Obama Administration. You need two Crimes, there are a thousand Crimes in plain sight, in the Public Record.

      Pull the damned trigger! Prosecute Obama's Gang or a great many Americans will die. I doubt it can be stated 'moderately' how serious it has become for the American People. If you aren't boiling mad, you don't know what is going on!

    15. Pingback: » Daily Dose – September 6, 2010

    16. Facts says:

      The economics of immigration, Stephen C. Goss, the chief actuary of the Social Security Administration and someone who enjoys bipartisan support for his straightforwardness, said that by 2007, the Social Security trust fund had received a net benefit of somewhere between $120 billion and $240 billion from unauthorized immigrants.

      That represented an astounding 5.4 percent to 10.7 percent of the trust fund's total assets of $2.24 trillion that year. The cumulative contribution is surely higher now. Unauthorized immigrants paid a net contribution of $12 billion in 2007 alone, Goss said.

      Previous estimates circulating publicly and in Congress had placed the annual contributions at roughly half of Goss's 2007 figure and listed the cumulative benefit on the order of $50 billion.

      The Social Security trust fund faces a solvency crisis that would be even more pressing were it not for these payments.

      Adding to the Social Security irony is that the restrictionists are mostlyOLDER AND RETIRED WHITES from longtime American families. The very people, in other words, who benefit most from the Social Security payments by unauthorized immigrants.

      THE FACTS ARE THAT JAN BREWER AND THE REPUBLICANS ARE DOING THIS TO GET REELECTED, HERE ARE FACTS.

      1, HOW MUCH MONEY $$$$$$$ IS ALLOCATED TO ENFORCE THIS LAW?? NONE.

      2, HOW MANY NEW POLICEMEN / WOMEN SHES HIRED TO HOLD AND PROCESS THE HUNDREDS OF THOUSANDS OF UNDOCUMENTED IMMIGRANTS? NONE.

      3, HOW MANY NEW IMMIGRATION JUDGES SHES HIRED TO PROCESS THE THOUSANDS OF DEPORTATION CASES?? NONE.

      4, HOW MANY NEW JAILS SHES BUILT TO HOLD THE THOUSANDS OF UNDOCUMENTED IMMIGRANTS? NONE.

      5, HOW MANY BUSES / PLANES SHES BROUGHT TO DEPORT THE HUNDREDS OF THOUSANDS OF THOSE WHO ARE ORDERED BY THE IMMIGRATION JUDGES TO BE DEPORTED?? NONE.

      CAN ANYONE ANSWER THESE FACTS? THE REPUBLICAN STATES ARE TRYING TO MAKE THIS THEIR PLATFORM, THEY WILL LOSE BIGGGGGGGGGGGGGGGG TIME.

      ALL ARE GODS CHILDREN. NO HUMAN IS ABOVE ANOTHER. ALL ARE CREATED BY ONE ALMIGHTY GOD WHO LOVES ALL HIS CHILDREN.

      I AM NOT SAYING DON'T CLOSE THE BORDERS I AM SAYING STOP THE FOOLISH HATE AND IGNORANCE.

      Moments after signing Arizona's tough new immigration law in April, Gov. Jan Brewer was asked WHAT A ILLEGAL IMMIGRANT LOOKS LIKE????

      The question, posed during a news conference that was broadcast live on TV, seemed to catch Brewer off guard. After a long pause, she said, "I DON'T KNOW WHAT A ILLEGAL IMMIGRANT LOOKS LIKE. I can tell you that there are people in Arizona that ASS-U-ME they know what an illegal immigrant looks like. I DON'T KNOW IF THEY KNOW THAT FOR A FACT OR NOT."

      Her answer cut to the very heart of the controversy surrounding the law, which takes effect July 29. Although there are many people who assume they know what an illegal immigrant looks like, the fact is, IT IS IMPOSSIBLE to tell a person's immigration status by appearance, experts say.

      So despite assurances to the contrary, some civil-rights groups and others fear that enforcement of the law will lead to racial profiling. Several lawsuits already raise worries of civil-rights violations, and a group of Arizona law professors concluded the law authorizes enforcement based on ethnicity. That, they allege, would mean officers would end up harassing and possibly detaining people who aren't illegal immigrants.

      The vast majority of illegal immigrants are Hispanic. But most Hispanics in Arizona are not illegal immigrants – they are legal residents or U.S. citizens, many with roots dating back generations.

      Read more: http://www.azcentral.com/arizonarepublic/news/art

      What both these Republicans FORGOT to Mention in their SPIN POLITICS is that

      It’s all about economics! Removing undocumented workers from the U.S. would total a loss of $1.8 trillion in annual spending and $651.5 billion in annual economic output, according to a study by the economic analysis firm The Perryman Group. It would cost about $28 billion per year to apprehend illegal immigrants, $6 billion a year to detain them, $500 million for extra beds, $2 million to judicially process them and $1.6 billion to transport them home. $230 Billion is the estimated amount it would cost over the next five years to enact the scenario of the mass-deportation caucus and deport the undocumented population, according to a report by the Center for American Progress. Legalization of undocumented immigrants would significantly expand the economy—by a cumulative $1.5 trillion in gross domestic product over 10 years. A deportation approach, by contrast, would have the cumulative effect of draining $2.5 trillion over 10 years from the U.S. economy. Illegal immigrants are paying their share of taxes, they pay the same taxes as you and me when they purchase anything, They don't carry a card that says Undocumented Immigrant, DON'T CHARGE TAXES

      Start looking at FACTS & NUMBERS.

      Who’s behind these laws?

      FOLLOW THE MONEY$$$$$$$$$$$$$$$$$$$$$ Many may want them gone, but illegal immigrants in Oklahoma can be good business.

      So say county officials who handle the purse strings of some sheriff's departments in the state. Millions in revenue for transporting and detaining immigrants for the federal government have financed jobs, departments and, in some cases, entire jails.

      "It's a good business plan,” said Tim Albin, chief of the services division that oversees the budget for the Tulsa County Sheriffs Department. "It allows us to bank and put money back and carry over for other things.”

      Read more: http://newsok.com/jailing-immigrants-adds-funds-f

      The Immigration Reform Law Institute, or IRLI, the legal arm of the Federation for American Immigration Reform, or FAIR, drafted the Arizona law and most of the copycat bills. The Southern Poverty Law Center designated FAIR a hate group because of its founder’s writings, its repeated participation with white nationalist groups, and its receipt of major funding from a racist organization.

      Copycat laws frequently rely on the work of attorney Kris Kobach, who works for IRLI. Kobach’s lawyering has cost localities who have hired him millions of dollars while the laws have been found unconstitutional. The Arizona law was brought forth by State Senator Russell Pearce, who the Arizona press has described as having a history of associating with neo-Nazis and sending anti-Semitic emails.

    17. Sea Level says:

      We know Pres Obama is destroying our country; is it by design or is it because he has no one of any worth to advise him ??

      I believe he is on a mission to take this country down and then, I think he has a plan to "save" it so he can look good, like a hero.

      His childhood was not spent growing up in America, saying the pledge of allegiance at school every morning in home-rooms, taking pride in watching Memorial Day parades, or putting one's hand over heart to show respect to our flag or in song.

      He may be President of the United States; he may have gone to one of the "best law schools," and he may deliver a speech well, but common sense cannot be taught, bought, or traded, and he has none, zilch, zero.

      Obama is insensitive to the people of this great nation; we all have had family members who have served proudly in our armed forces; some paid the ultimate price, and he has none of that. He knows not what it means to most Americans to have worked for our freedom, enjoyed our freedom, and bless our freedom.

      May God bless us all,

      Sea Level in FL

    18. stevekoko, cleveland says:

      Obama is damaging or country faster than Bin Lodin could ever hope to. He needs to be voted out, then locked up for ignoring our constitution.

      He makes Old Jimmy Carter, look pretty good! LOL

    19. Mark Groves, Brandon says:

      EQUALITY REQUIRES EQUAL ENFORCEMENT!

      Why do Citizens who pay all the bills have to follow the law while infiltrator illegal alien parasites from around the world are given a free pass and assistance by the government and traitors who believe they are better than US Citizens and don't have to obey the laws the rest of us do.

      Why is the first mixed race president establishing INEQUALITY ?

      EQUAL RIGHTS REQUIRE EQUAL ENFORCEMENT AND ADHERENCE TO THE LAW! Obama obviously does NOT ENFORCE EQUALITY for CITIZENS, why not? Are we being replaced?

    20. WHICH WAY says:

      I MISSED A COURT APPEARANCE ON A TICKET FOR NOT HAVING TAGS ON MY CAR.THEY DID NOT LET IT SLIDE BUT TREATED ME LIKE A BANK ROBBER WITH AN ARREST ORDER.THE SYSTEM WORKS IF YOU WANT TO USE IT.

    21. Drew Page, IL says:

      It should be painfully obvious why Mr. Obama and his Department of Justice are refusing to enforce federal immigration laws and are suing Arizona for trying pass immigration laws that they themselves can enforce. Mr. Obama, with the help of Attorney General Eric Holder, is trying his best to buy the votes of all Hispanics in America, regardless of the cost in terms of tax dollars or in human suffering to the legal citizens of this country.

      You may recall that one of the last holdouts for passage of health care reform was Congressman Luise Guterriez, Chicago, IL- D. Congressman Gutierriez made no secret of his price for supporting Obamacare, that being "Immigration Reform" (read amnesty). Well, Obamacare passed and now it's time to pay the piper.

    22. Kelly Waldron, Kaysv says:

      Given the current administration's distain for the rule of law, how long before sharp witted attorneys start using "equal treatment before the law" as a basis for defense for their felonious clients? Along with his "too big to fail" bias we might get a new legal perspective–"Too pitiful to prosecute." This would entitle a whole new stata of victims. I can't wait.

    23. Mike Mancuso, San Jo says:

      From California, you can see the future. Here, they tried (and failed) to pass a law to mandate registration of long guns in addition to handguns. At the same time the liberal majority was pushing a law to keep violent juvenile criminals from getting a life prison sentence. In the eyes of California progressives, the honest person doesn't necessarily get better treatment. Obviously, Obama's DOJ already follows this policy where it benefits the party. There must be an impeachable crime in there somewhere.

    24. Pingback: » Obama’s Immigration Get out of Court Free Card

    25. Dane, AZ says:

      It's absurd and laughable that someone thinks Bin Laden is better than Obama. Regardless of your policy preferences, let's not be demagogues with bitter malignment with federal policy.

      Moreover, it is poor understanding of the issue and politics to think mere votes can be the whole motivation to Obama's policy.

      If you knows anything of the history of immigration law you might know that this policy approach has been functionally undertaken by both parties. Whole-sale dismissal of illegal immigrant cases is often the only recourse a severely over-burdened agency might take.

    26. Pingback: White House Amnesty Association’s Spring Meeting | The Foundry: Conservative Policy News.

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