Overreaching Judges Hijack Immigration Law



A year ago, FAIR declared, “Judiciary Wages War on Trump, Jeopardizes National Security.”

Several court decisions later, activist district judges are expanding their reach to unconstitutionally subvert immigration laws.

The repeated hijacking of President Donald Trump’s travel ban is a case study in local courts meddling where they should not.

Busting their jurisdictional boundaries, district judges from Hawaii to Virginia have blocked the presidential order that bars nationals from terrorist-linked countries. The case is now, finally, before the U.S. Supreme Court where it belongs.

“These lower courts are turning immigration law into a charade. They’re way out of their depth,” says Richard Kelsey, a former assistant law dean at George Mason University and author of the legal-affairs blog, “The Committed Conservative.”

Strict constitutionalists decry “judicial tyranny” that goes beyond the travel ban. Most recently, they blasted U.S. District Judge John D. Bates for revoking Trump’s termination of Barack Obama’s Deferred Action for Childhood Arrivals (DACA).

Bates branded Trump’s DACA action “arbitrary and capricious.” The same, and more, can be said about a local district judge slapping a restraining order on the nation’s chief executive to extend a program never enacted by Congress.

 Lower-court intervention in immigration law isn’t new. In 1997, a federal judge pushed the Department of Justice to follow a policy making it unlawful to detain children crossing the border illegally.

Obstructionism from the bench has taken on vastly larger and more dangerous dimensions since Trump took office. The judicial power grab has some conservatives, including Laura Ingraham, calling for action on Capitol Hill.

In fact, Congress has the authority to rein in “inferior” courts below the level of the U.S. Supreme Court. Any first-year law student knows that jurisdiction is a primary determinant in any case. Clearly, national immigration policies cannot be adjudicated in 94 separate federal court districts scattered across the country.

Alas, Kelsey doubts that lawmakers will bring order to the courts.

“Congress loves this. They never have to make a decision. They can just run against these judges at election time,” he told FAIR in an interview.

Something to consider next time you encounter a member of Congress who talks big but does nothing.

About Author

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Bob Dane, the Federation for American Immigration Reform (FAIR)'s Executive Director, has been with FAIR since 2006. His deep belief is that immigration is the most transformational determinant of where we are heading as a nation and that our policies must be reformed in the public interest. Over many years on thousands of radio, TV and print interviews, Bob has made the case that unless immigration is regulated and sensibly reduced, it will be difficult for America to reduce unemployment, increase wages, improve health care and education and heighten national security. Prior to joining FAIR, Bob spent twenty years in network radio, marketing and communications after an earlier career in policy and budgeting within the Reagan Administration. Bob has a degree from George Mason University in Public Administration and Management.

4 Comments

  1. avatar

    They did this on purpose so that they can pass the buck for immigration. Trump wanted to remain pristine in the eyes of the MAGA crowd. But Trump is in on this, he has illegals working for his hotel chain.

  2. avatar

    But, talking big and doing nothing is always exactly what politicians do. And congress will NEVER to anything to rein in these judges because the judges are doing what Congress wants. Congress is to blame for the entire immigration insanity in our country, every aspect of it. And, it is quite apparent that those of us against all this criminal, unconstitutional behavior of our Congress and judges have no power to stop this destruction of all America once stood for.

  3. avatar

    If law was promulgated for everyone to be in compliant with; then, why did Congress disobey such rules? Is there such thing as prosecuting those individuals who could not careless about our obvious laws?

  4. avatar

    Obama illegal in every thing that student exchange ******* has ever done in the presidents office ad He eas never a oresident but in name only ad a oerson NOTBORN in america..is banned from evrty running for the U.S. OFFICE OF PRESIDENT..OBAMA IS ILLEGAL …every thing he has done He gas done knoeingly he isnot legaly the oresudent of America..wgere the lhuck is the suorene court …and where the Hell is Congress..arrest that bastard for his terriost efforts to subvert America wuth what turns out to be Deadly Force..Trey Gawdy where the Hell are you?.all things signed into law are Not law at all but the musalims efforts to destroy iur contry ..act on it you all very well know the truth ..

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