MACDONALD: So, You Can Be ‘Illegal’ On “Stolen” Land

The court says the law says you can be detained without a bond hearing

In what has to be a crazy development for “Democracy,” a Circuit Court just ruled that the law says what it says and the Trump Administration can enforce that. I’d add that it is constitutionally required to enforce the law as written.

What law?

For over thirty years, when ICE arrested illegal aliens living inside the country —not on the border, but in places like Minneapolis or Houston— those detainees could slow deportation down to glacial speed by requesting a “bond hearing” to argue for their release on bail. Nobody really knew why; it was just how things were done. Norms and customs.

But the Trump Administration took a fresh look at the statute and said, hey, wait a minute, the law says people “seeking admission” to the United States don’t get bond hearings. It just says “shall detain.” Shall. It also says that, if you’re here illegally, you’re still considered to be ‘seeking admission’— you just skipped the line. In other words, a person who never bothered to apply for citizenship doesn’t magically get more rights than someone who at least tried.

The Fifth Circuit agreed, 2-1. Judge Edith Jones (Reagan appointee) wrote that “the text says what it says, regardless of the decisions of prior Administrations,” essentially ruling that thirty years of doing it wrong doesn’t numinously make it right. The dissenting judge, Dana Douglas (Biden), fussily complained that, under the literal reading, “the border is now everywhere.”

Everywhere? Yes!

If you’re here illegally, the border is everywhere, because you never lawfully crossed it. You just dragged it with you.

It makes no difference whose land you think it is, even if the illegal immigrants they are arresting, detaining, and deporting have some tenuous link to someone who might have been related to them who stole the land from someone else first before it was “stolen” for them. Or, whatever. I mean, using the stolen land theory, it isn’t clear to me how a Somali running a fraudulent daycare (stealing money, on stolenland) has the right to live anywhere but on the land his people stole from whoever lived in Somalia before they did.

If you watched my The ‘People’ in Alex Pretti’s ‘Neighborhood” installment of the Morning Update, I included a link to over 500 arrests in Minnesota, and itemized a handful of them. Not one of them has any claim to anything in Minnesota, certainly not our sympathy or our tax dollars. They were all guilty of multiple crimes beyond breaking into the country to then “steal” our money or our land out from under us.

Crimes the leifies would not ignore if they stole land or property they claim as their own. And lord help us if the “stole” something from the US Capitol (built on stolen land and filled with things paid for with stolen money (taxation is, after all, theft), on January 6th, for example.

The court says the law says what it says, which is what courts do, right or wrong, and those seeking to prevent the law from meaning thatTrump and ICE can detain Illegals without bond and deport them were apparently stuck on stupid. They still say it says what someone else said it said (but, but, it’s been interpreted the other way for the past 30 years).

Slaves were interpreted as property in our country for longer than that and still are in many parts of the world, though primarily Muslim ones. That’s hardly grounds to continue misreading Congress’s intent, which it is free to take up and rewrite at any time since it first became law. Or, it could wait for another judge’s opinion, and it probably will.

That is, after all, how that game is played; they just don’t like it when the play goes the other way. Much the way they didn’t like Kamala be such a bad a candidate that they couldn’t even steal the election for her. Losingevery swing state and the popular vote.

Tough loss. So is this.

Author

  • Steve MacDonald

    Steve is a long-time New Hampshire resident, an award-winning blogger, and a member of the Board of Directors of The 603 Alliance and the National Heritage Center for Constitutional Studies. He is the owner of Grok Media LLC and the Managing Editor, Executive Editor, assistant editor, Editor, content curator, and more (yes, there's more) at GraniteGrok.com. Steve is also a former board member of the Republican Liberty Caucus of New Hampshire, the Republican Volunteer Coalition, and has worked for or with many state and local campaigns and grassroots groups, and is a past contributor to the Franklin Center for Public Policy.

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