By Juan Mann
12/11/2006
My first VDARE.com article in 2002 was on the continued sabotaging of the expedited removal process. My archive and topic index are now fully-stocked with just about every absurdity imaginable from the behind-the-scenes circus that is federal immigration law enforcement.
To bring busy VDARE.com readers up to speed, here’s the official executive summary of everything I've been ranting about, condensed into just four headlines:
If you actually read these four stories — as well as my extended essay on the litigation-based non-deportation system — you would be well on your way to an honorary immigration law degree. But just the four headlines pretty much gets my point across.
What took me five years to figure out about the rigging of federal immigration law enforcement was boiled down into just two sentences recently by Peter Brimelow, in his book review article in a recent issue of the American Conservative magazine.
Brimelow explained:
"You can see how enforcing American law at the border must seem like a boring irrelevance if you've decided that the American and Mexican labor forces will shortly be merged anyway. … It’s as good an explanation as any for Bush’s extraordinary systematic refusal to uphold immigration law." [Battle for the Border, by Peter Brimelow, December 4, 2006.]
And, as I've learned, that goes double for the federal government’s will to deport illegal aliens and criminal alien residents already inside the United States … ever since the days of the Eisenhower Administration.
So the behind-the-scenes rigging continues…whether the signs say "U.S. Department of Homeland Security" or "Immigration and Naturalization Service."
How can the whistle be blown on this madness?
One man can’t do it alone, you know. We depend on heroic whistleblowers familiar with the federal immigration bureaucracy.
Two of my favorite patriotic whistleblowers checked in this week.
The first VDARE.COM reader wrote about the Department of Justice’s Board of Immigration Appeals (BIA), the imitation-appellate court body within the Executive Office for Immigration Review (EOIR). Along with the entire EOIR Immigration Court process, the BIA provides the legal gateway to the federal Circuit Courts of Appeal and the endlessly-litigated removal of every single illegal alien and criminal alien resident in the United States.
The reader reported:
"Word has it that very shortly the (dysfunctional) Board of Immigration Appeals will be expanded in spite of reforms [that worked] put in place by former Attorney General John Ashcroft four years ago, when he reduced their numbers and ordered them to clear their backlog of over 65,000 cases. This will again, create backlogs and chaos. However, this is exactly what the BIA wants. They have a political agenda. No appellate body is supposed to have one. When will those in the administration see this?"
"Michelle Malkin has written about the BIA and the mess it has made of the country. The American people need to know about this body as well. A regulation is being written for implementation that will not only increase their numbers but there power as well. This is not in the best interest of the people of the United States."
I've already reported on the apparent change in the air at EOIR, now that the Treason Lobby has its immigration lawyer-friendly man at the U.S. Department of Justice.
Evidently things are as bad as advertised.
The second patriotic VDARE.com reader reported "a published case from the First Circuit Court of Appeals that basically screams for Congress to step in and fix the disaster that exists in the Immigration and Nationality Act regarding the deportation of criminal aliens."
In the case of Kim v. Gonzales, decided November 16, 2006 (No 05-2462), Chief Judge Boudin of the First Circuit Court of Appeals gave his two cents about whether or not the current Treason Lobby-friendly, litigation-based system for the deportation for every single criminal alien in the United States makes any sense.
Judge Boudin apparently agrees with my thesis as explained by those four previously-mentioned headlines:
"It is not the business of the courts to tell Congress what to do about public policy choices, but we are entitled to warn when the machinery that we help administer is breaking down. The current structure of deportation law, greatly complicated by rapid amendments and loop-hole plugging, is now something closer to a many-layered archeological dig rather than a rational construct. The regime is badly in need of an overhaul." [BOUDIN, Chief Judge, writing in Kim v. Gonzales]
You sure got that that right, your Honor! The machinery of the federal immigration bureaucracy is breaking down.
And we know that the Treason Lobby has been driving the train on immigration non-enforcement for decades. So maybe the whole litigation-based deportation scam was never intended to work in the first place?
So stay tuned to VDARE.COM for more status reports as we watch the litigation-based deportation shambles implode from within!
Juan Mann is an attorney and the proprietor of DeportAliens.com. He writes a weekly column for VDARE.com and contributes to Michelle Malkin’s Immigration BLOG.
This is a content archive of VDARE.com, which Letitia James forced off of the Internet using lawfare.