By Federale
05/16/2020
The kritarchy is enraged that illegal aliens are being arrested and deported. They don’t like this policy of immigration enforcement, so they will do and say anything to aid illegal aliens to remain in the United States, from orders to release illegal aliens to allowing illegal aliens into the United States, to prohibiting the arrest of illegal aliens. One of these crazed and obsessed kritarchs is Royce C. Lamberth of the United States District Court for the District of Columbia. Kritarch Lamberth was once of considerable accomplishment in the legal field, but in his twilight years has transformed to a dictator obsessed with certain outcomes, rather than upholding the integrity of the legal process. His current obsession is protecting illegal aliens from arrest and deportation.
Two years ago, at the height of the zerg rush at the border, Kritarch Lamberth led a charge by a group of kritarchs against the criminal prosecution of illegal aliens for illegal entry, Title 8 United States Code, Section 1325, Improper Entry By An Alien, and illegal reentry after deportation, 8 USC 1326, Reentry Of Removed Aliens. Both are criminal offenses that are separate from the administrative deportation process. Kritarch Lamberth and others decided that they would start granting release to those aliens arrested and charged with criminal offenses related to illegal entry, e.g., entry without inspection and admission by an immigration officer, the only manner in which an alien may enter the United States.
This was not the first time some Treason Bar shyster tried this route, and U.S. Immigration and Customs Enforcement (ICE) was on the ball though on this and took immediate custody of these aliens based on immigration detainers, DHS Form I-247A, Immigration Detainer-Notice Of Action, placed on the aliens with the holding agency, in this case the U.S. Marshals Service (USMS), who take custody of federal arrestees before conviction.
Judges in the nation’s federal criminal courts increasingly are balking at what they call unlawful efforts by U.S. immigration authorities to continue to detain people charged with entering the country illegally, even after they have been granted bail.
The rulings complicate the Trump administration’s “zero tolerance” crackdown on defendants who are charged with illegally crossing the border but whom judges have determined do not pose a flight or safety risk.
The decisions force prosecutors to make a choice — charge defendants with illegal entry or reentry and risk that a federal judge releases them pending trial, or keep suspects locked up in civil detention pending deportation proceedings and forgo criminal prosecution.
A recent ruling by a federal judge in Washington highlights the human and legal issues at stake, the case of a dishwasher from El Salvador who has a wife and two children in the District, where he returned after two deportations…
In the District, one rejection of the tougher tactics came from U.S. District Judge Royce C. Lamberth, a 1987 appointee of President Ronald Reagan. On Sept. 26. Lamberth said the government cannot have it both ways — asking federal courts to deny bail to defendants awaiting criminal trial and then, if a judge disagrees, holding them anyway in the immigration system.
The decision came in the case of Jaime Omar Vasquez-Benitez, 38, who court papers say was picking food up at a restaurant in July when D.C. police stopped him for suspected gang activity and turned him over to ICE. Federal public defenders say Vasquez-Benitez had quit a gang and fears for his life if he is deported.
[U.S. Judges Balk At ICE Detention Of Defendants Granted Bail Under Trump ‘Zero Tolerance’ Push, by Spencer Hsu, WaPo, October 11, 2018]
Kritarch Lamberth was enraged by the very legal, and quite skilled Bureaucrat Game, that thwarted his own Lamberth Amnesty. Detainers are the process by which ICE maintains custody of an alien who is going through the criminal process, if that alien is released before trial, ICE takes custody of that alien, and will present that alien for the criminal process if required. No problem there. The only problem, for Kritarch Lamberth and the alien, is that the illegal alien is not given the opportunity to flee the immigration and criminal consequences of his behavior. And that is what they do. Illegal aliens in the criminal process, and especially illegal aliens with prior deportations, don’t stick around for either the criminal or immigration process. They ignore their court dates and flee. And that is precisely what Kritarch Lamberth and other kritarchs want, more illegal aliens in the United States as part of their electing a new people.
And it continues. Kritarch Lamberth has decided that the USMS cannot take illegal aliens into custody and turn them over to ICE as part of their management of the District of Colombia Superior Courts pre-trial detention system. Forgive the use below of the court decision, all media reports are behind paywalls. (If a reader has access to either of these sites, please contact me: U.S. Marshals Lack Authority to Make Civil Immigration Arrests, Bloomberg Law and Marshals Barred From Making ICE Arrests At DC Courthouse, Law360.)
Buffoonishly Obese Kritarch Royce Lamberth
Based on the foregoing, the Court will GRANT plaintiff’s motion for a preliminary injunction (ECF No. 4). Defendant and defendant’s agents, subordinates, and employees will be preliminarily ENJOINED from seizing individuals for suspected civil immigration violations. It will be ORDERED that this preliminary injunction shall take effect immediately and shall remain in effect pending final resolution of this matter.
The Court will GRANT plaintiff’s motion for class certification (ECF No. 5) and certify the following class: All indigent criminal defendants in the Superior Court for the District of Columbia: (1) who were, are, or will be detained by officers of the United States Marshals Service for suspected civil immigration violations, and (2) as to whom Immigration and Customs Enforcement has not effectuated a warrant of removal/deportation (a form I-205) and/or has not obtained an order of deportation or removal.[N.S. v. HUGHES, No. 1:2020cv00101 — Document 39 (D.D.C. 2020),Justia US Law, May 7, 2020]
Basically, Kritarch Lamberth, enraged that illegal aliens are being briefly detained by the USMS and handed over to ICE, has determined that a Deputy United States Marshal (DUSM) may not take custody of an illegal alien despite the fact that a DUSM is a Federal law enforcement agent and empowered to execute any writ or order under the authority of the United States, which includes detaining for arrest an illegal alien who violated Federal law.
The best reaction of the USMS would be to ignore this order. All Federal judges know that their lives are protected by DUSMs and merely issuing such an order, much less ordering another DUSM to arrest another DUSM for violating this order would likely make a DUSM unlikely to take a bullet to protect a Federal judge. Moreover, as punishment, the Director of the USMS should order his subordinates to ignore this order and provoke a confrontation over this. Let Kritarch Lamberth know who holds the guns. Kritarch Lamberth holds no guns, as Alexander Hamilton stated in Federalist No. 78: The judiciary has “no influence over either the sword or the purse, …It may truly be said to have neither FORCE nor WILL, but merely judgment.”
Time to go Andrew Jackson on the corpulent Kritarch Lamberth. But I tire of pointing this out. Time for action this day to defeat the kritarchy.
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