Eroding national sovereignty in the judicial system and the White House

Article author: 
Fred Elbel
Article publisher: 
Colorado Alliance for Immigration Reform
Article date: 
23 April 2014
Article category: 
Our American Future
Article Body: 

Facilitating illegal alien felons

A new report, "Justice on the Run", from the Center for Immigration Studies tells us that the ACLU is pitted against Arizona regarding mandatory detention of accused illegal alien felons.1 The case is headed toward the U.S. Supreme Court. The ACLU, who typically side with illegal aliens, contends that mandatory detention doesn't equally apply to all felons.

The CIS report points out that:

Indeed, immigrant [illegal alien] offenders often fail to follow the rules — that is, attend court like everyone else. Immigration court records from 1996 through 2012 show 76 percent of 1.1 million deportation orders were issued against those who evaded court. These evasions compose the greatest source of unexecuted deportation orders in the immigration court system. Not even a quarter of those free pending trial — some 268,000 — actually came to court and finished their cases. By contrast, accused felons in America's state courts — those also free pending trial — seldom missed; only 24 percent according to a 2007 Justice Department study.

Notably, those persons detained pending trial produced wholly different results. Over the same 17-year period, immigration courts handed down 2.7 million removal orders — 60 percent of them, or 1.6 million — in detention facilities. Up to 96 percent of these removal orders, records say, were actually executed. With flight not an option, detainees were removed at their cases' completion. When not detained, results were predictable.

Not only did many flee court, but seldom were they re-arrested. ICE reported its highest fugitive re-arrest numbers in 2008, when agents apprehended a total of 34,000 people, or 6 percent, from a fugitive population of 592,000. Since then, ICE has abandoned its immigration fugitive program and fugitives have increased 51 percent to just under 842,000. History provides context.

A 1989 GAO report found that "Aliens have nothing to lose by failing to appear for hearings and, in effect, ignoring the deportation process." This disregard, the study concluded, stemmed from a "general lack of repercussions" because few ordered removed are ever deported. Numbers and narratives tell the story...

In other words, illegal aliens routinely don't show up for court hearings. Although Arizona is intent upon ensuring that they do show up, the ACLU could conceivably prevail at the Supreme Court. If that happens, then the message delivered loud and clear to illegal alien felons will be:

"You can run, and you can hide!".

The report continues:

A 2005 Justice Department investigation confirmed only 3 percent of the non-detained were actually removed after unfavorable court rulings... Despite the U.S. Code requiring deportation within 90 days of a final court order, such rulings are rarely enforced — and none of this dithering comes without cost.

The government's failure to enforce the most elevating and redemptive cornerstone of federal law — the Immigration and Nationality Act — leaves a vacuum that invites more than porous borders, feeble courts, and frail enforcement...

A 2006 DHS report found that 85 percent of aliens from nations that aid and sponsor terrorism disappeared upon release from detention...

Thus, not only do illegal alien felons routinely skip their trials, but those who do go to trial routinely do not get deported. It seems that our judicial and enforcement systems are doing everything they can to facilitate the retention of illegal alien felons in America.

Backdoor amnesties

FAIR reports that the Obama administration is weighing another backdoor amnesty for illegal aliens:2

Just four months into his new job, Secretary of Homeland Security Jeh Johnson is considering further restricting his Department's ability to deport illegal aliens. (Associated Press, Apr. 21, 2014)

In a story posted by the Associated Press Monday, two sources close to Secretary Johnson say he is weighing limiting deportations on illegal aliens who do not have "serious criminal records." (Id.) The sources included the former acting Director of Immigration and Customs Enforcement, John Sandweg, and an amnesty advocate who has allegedly been engaged in talks with Administration officials but would only speak on the condition of anonymity. (CBS News, Apr. 21, 2014)

Undermining national sovereignty

We are witnessing a three-fold attack on United States national sovereignty. First, our U.S. borders are insecure; just about anyone can sneak into the United States and evade capture. Second: criminal illegal alien felons are being sent the message that they can run and hide from court dates and deportation. Third: non-felon illegal aliens are being told by the Obama Administration that they don't have to worry - they won't get deported.

If the United States is to exist as a sovereign nation, then we by definition must be able to manage who enters our country and who is not allowed to stay. As Congresswoman Barbara Jordan succinctly stated:3

Credibility in immigration policy can be summed up in one sentence: Those who should get in, get in; those who should be kept out, are kept out; and those who should not be here will be required to leave."

Of course, if the United States is simply to be referred to as a location on a map, with no control over its sovereignty or destiny, then its borders should be eradicated by all means available and as quickly as possible.



1. Justice on the Run - Immigration court evasions reveal weak authority and weak enforcement, by Mark Metcalf, Center for Immigration Studies, April, 2014.

2. Obama Administration Weighing Another Backdoor Amnesty, FAIR, April 23, 2014.

3. Congresswoman Barbara Jordan, Congressional Testimony, February 24, 1995.