By Jon Dougherty
Attorney General William Barr, in his first decision regarding federal immigration policy, has ruled that migrants who crossed illegally into the U.S. to abuse our asylum laws and who claim that returning home is too dangerous will now have to remain in custody pending their hearing, which could take years.
Barr’s decision overturns previous policy in which the federal government released asylum seekers into the interior of the country, only to see most of them disappear and never show up for their scheduled hearing.
“The question presented is whether aliens who are originally placed in expedited proceedings and then transferred to full proceedings after establishing a credible fear become eligible for bond upon transfer. I conclude that such aliens remain ineligible for bond, whether they are arriving at the border or are apprehended in the United States,” the decision says.
Barr, as attorney general, has the authority to overrule federal immigration courts because they fall under the purview of the Justice Department.
Naturally, Leftists screamed ‘foul’ and vowed to sue the Trump administration over what they claim is an unconstitutional decision.
“This is the Trump administration’s latest assault on people fleeing persecution and seeking refuge in the United States,” Omar Jadwat, director of the ACLU’s Immigrants’ Rights Project, said in a statement, as reported by Fox News.
“Our Constitution does not allow the government to lock up asylum seekers without basic due process. We’ll see the administration in court.”
It’s hard to imagine William Barr, who’s served as attorney general in the past, isn’t aware of what he’s doing or that as AG, he doesn’t already know he has all the authority he needs to make this decision. But whatever; the Left will do what it does.
Odd, however, that suddenly, the ACLU is concerned about “due process;” where are these hacks when it comes to defending gun owners in an increasing number of states who are being denied their very legitimate due process rights when a court rules their firearms can be confiscated because someone claims their ‘a threat to society?’
In any event, it’s not at all clear that the ACLU has a case. Most of the asylum seekers are breaking and entering to get into the U.S. in the first place. What’s more, they’re not being denied their ‘due process’ right to claim asylum; they’re just not going to be released into the country because, again, they broke our laws to get here.
Fox News noted further:
Sarah Pierce, policy analyst for the Migration Policy Institute, said the number of decisions by immigration judges that the administration of President Trump has referred to itself for review is unprecedented. The administration — under both Barr and former Attorney General Jeff Sessions — has reviewed a total of 10 immigration rulings. That’s compared to four under all of President Barack Obama’s tenure and nine during George W. Bush’s.
“This has been a really unprecedented use of power to influence the immigration system,” Pierce said.
Yes, well, the number of people trying to break into America by claiming asylum is ‘unprecedented,’ so desperate times call for desperate measures.
The Trump administration is well aware that anything it does outside of simply allowing illegal aliens the freedom to break into our country and do as they please will be met with a court challenge.
In many ways, that’s good because as POTUS Trump replaces more and more federal judges and Supreme Court justices with constitutionalists, a larger number of these cases will be decided in America’s interests and then be tabled as precedence-setting and, thus, the final word (in most instances).
Bring on the lawsuits, in other words. Once the ACLU and other Left-wing groups lose these cases, they won’t have anywhere to go the next time the Trump administration tries to enforce immigration law and use long-standing authorities to implement border policies.
- Follow Jon Dougherty on Twitter at @JonDougherty10