By Federale
01/28/2020
From the “good” kritarchs, now to Based Bill Barr acting like President Trump’s hero, Andrew Jackson — the man who is supposed to have said of Supreme Court decision "John Marshall has made his decision; now let him enforce it!". Based Bill is defying the kritarchs illegal and unconstitutional actions.
U.S. Attorney General William Barr and the Board of Immigration Appeals [BIA] were berated by a federal appeals court for thwarting its orders and holding up a Mexican citizen’s request to seek a special visa for immigrants who were victims of a crime in the U.S.
Barr and the board rebuffed the Chicago-based appeals court’s decision that immigration judges can waive the objectionable status of certain visa applicants with criminal convictions, a three-judge panel said on Thursday.
The “board flatly refused to implement our decision,” the appeals court said. “We have never before encountered defiance of a remand order, and we hope never to see it again.”
The judges called the board members lucky that the visa applicant didn’t ask the court to hold them in contempt.
[Barr, Immigration Board Chided by Appeals Court in Visa Case, By Malathi Nayak, Bloomberg, January 23, 2020]
It is of special note that the court did not hold Barr and the BIA in contempt. Most likely because their decision is not based on law. It is inane for the court to claim that a bureaucrat in the Executive Office for Immigration Review (EOIR), the immigration courts, holds a power that the Attorney General says they don’t and is prohibiting them from exercising.
Even if they held the power to waive a law that says a certain class of aliens may not obtain an immigrant visa or adjust status, that waiver is not mandatory and can only be exercised at the direction of the President, per Article II of the Constitution. Clearly the Attorney General is acting on behalf of the President. It is also common for courts to claim that all waivers of grounds of inadmissibility are waiveable by the Executive Branch, which is not true, only certain grounds of inadmissibility are waiveable, others can’t be waived by law.
Even so, no waiver is mandatory, all waivers are at the discretion of the President or by a subordinate official at his direction.
Of importance is a return to Alexander Hamilton’s attitude towards the courts. They have no ‘force.” If the court had found Barr and the whole BIA in contempt, what does that mean as the U.S. Marshal enforcing that contempt order is an Executive Branch officer, and it would be unlikely for any order from the court to be enforced against the Attorney General by his own Marshals. Perhaps the courts are realizing if they push too far, they will be seen to be powerless. They only power they have is persuasion; if the Executive is not persuaded, then the Executive should ignore illegal and unconstitutional court orders. General/President Jackson is smiling from on high.
It is time for the Executive Branch to push back more on the kritarchs. The first choice should be the next illegal aliens ordered admitted to the United States by Kritarch Dana Sabraw. The Treason Bar and activists are counting on many more illegals brought to the United States under illegal orders from kritarchs.
“I hope we’re not the first or the last, because there are many parents who also have their children here,” he told CBS News.
Beth Baltimore, an immigration attorney at Justice in Motion, echoed Antonio’s sentiments. Her group has been spearheading on-the-ground efforts to locate deported parents across Central America, from large cities to remote villages, who could qualify for relief under the litigation surrounding family separations.
“There are hundreds more, we’re in touch with many of them, over 100. And we’re hoping that some may be able to have the same kind of relief that these parents were granted,” she said. [Migrant Parents Deported Without Their Children Make Historic Return To The U.S., By Camilo Montoya-Galvez, CBS News, January 23, 2020]
Time to put the kritarchs in their place. Defiance is the watchword of the day, pray Ken Cuccinelli understands this.
This is a content archive of VDARE.com, which Letitia James forced off of the Internet using lawfare.