Forget sanctuary cities – the courts created a sanctuary NATION

Article author: 
Daniel Horowitz
Article publisher: 
Conservative Review
Article date: 
13 June 2017
Article category: 
National News
Article Body: 

Sanctuary cities are yesterday’s news. There might be 375 jurisdictions that refuse to cooperate with federal immigration authorities, but unless the courts are reined in, they will create a de facto sanctuary nation policy by preventing even cooperative states and localities from following the law...

As part of a growing trend of stolen sovereignty, a Texas federal judge last week ruled that a county sheriff’s department cannot honor ICE requests for local law enforcement to hold illegal aliens for 48 hours after they would otherwise release them...

Once again, the courts have conflated criminal law with immigration law. Nobody has the “right” to break into our country, unilaterally assert jurisdiction, and then be allowed to disappear into the population without detention just because there is no probable cause of another crime...

For the past decade, ICE has issued detainers on those arrested and suspected of being in the country illegally, but are about to be released. ICE asks local police to hold the individual for 48 hours if they have probable cause an individual is an illegal immigrant, in order to apprehend the criminal aliens.

Now, a slew of lower-court judges are requiring there be probable cause of another crime other than an immigration violation — a complete nullification of state and national sovereignty.

... illegal aliens are the consummate flight risk. We know that, in 2014-2015, 84 percent of family units from Central America that received an immigration court notice absconded and disappeared into the population before the final decision could be rendered. Yet this judge in Illinois feels that none of them can be detained. Among young illegal aliens who have crossed over in recent years, 90 percent failed to show up for their hearings, according to data from the House Judiciary Committee...

How far we have fallen from the days of Justice Robert Jackson, when the great champion of due process declared that, “Due process does not invest any alien with a right to enter the United States, nor confer on those admitted the right to remain against the national will” [Shaughnessy v. Mezei (1953)]...

It’s time to face a stone-cold truth: If we are going to continue perpetuating this myth that the unelected federal judiciary has supreme and exclusive jurisdiction over every major social and political question, and is the sole and final arbiter of constitutional interpretation (including the very ability of a nation to remain sovereign and control its own future and the orientation of its own society), we have already lost the war for this country.