Democrats have relied on courts to do their legislating on issues important to them for decades. Hey, why not. If you can get the policy prescription without having to vote on it, it’s a win-win. But the courts ‘they are a changing,’ and one 9th Circuit Judge has had it with Congress.
Related: Appeals Court Rules Feds Can Withhold Federal Dollars to Cities That Refuse to Work with ICE
Judge Jay Bybee, in a recent opinion, had some choice words for the Legislative branch.
In the immigration context, whatever dialogue we have been having with the administration over its policies, we are a poor conversant. We are limited in what we can say and in our ability — even if anyone thought we were qualified to do so — to shape our immigration policies. …
By constitutional design, the branch that is qualified to establish immigration policy and check any excesses in the implementation of that policy is Congress. See U.S. Const. Art. I, § 8, cl. 4. And, so far as we can tell from our modest perch in the Ninth Circuit, Congress is no place to be found in these debates. We have seen case after case come through our courts, serious and earnest efforts, even as they are controversial, to address the nation’s immigration challenges. Yet we have seen little engagement and no actual legislation from Congress. It matters not to me as a judge whether Congress embraces or disapproves of the administration’s actions, but it is time for a feckless Congress to come to the table and grapple with these issues. Don’t leave the table and expect us to clean up.
So, in a nutshell, do your job. Because that failure has resulted in courts like the 9th being overwhelmed with asylum application upon which it could take years to sift and rule. For those already here, they get released into the population. For those more recently arrives they must wait in Mexico. And while changes under this administration have reduced border crossings by 80% the existing backlog is everything the left could have wanted.
They Cloward Pivened the system to flood the nation with illegals (see also, future Democrat voters) and it was working until Trump stepped in and enforced the laws congress passed.
The sad part is that unknown tens of thousands, drawn by promises of free stuff in America, were used by gangs and cartels, many of whom died trying to get here. Women and children were sex trafficked. All as part of a scheme to tilt the electorate to the left.
We can clean the mess up if it doesn’t get worse, but Democrats are promising to go back to the open borders strategy that got us here and they are not looking for compromise. They are plotting paths to one-party state power.
| CIS.org
