VDARE-expedited-removal

Title 42 Lawsuit, Yes, But The Long Term Solution Is To Illegal Immigration Expedited Removal, Which Either No Politician Knows About, Or Refuses To Consider

Federale

04/04/2022

Earlier: Three States Sue To Stop Biden From Stopping Title 42 Expulsions

The Biden Regime Administrative Amnesty is about to reach its penultimate, the Regime is ending Title 42 enforcement at the border completely, even now it is only being used infrequently for appearances sake and in a deliberate effort to encourage illegal immigration and destroy the historic American nation. That is the plan. For a White politician who once opposed forced busing even in a State where it was not a major issue, Delaware was never the hotbed of opposition to busing that Massachusetts was, Joe Biden is the most anti-White politician in the White House since Barack Hussein Obama. It is hard to see from Biden’s career and one time opposition to black crime that he was so anti-White. Senility, growing in office, who knows, the only fact that matters is this desperate attempt to lock-in the election of a new people before he is booted out of office, impeached and convicted, has a 25th Amendment moment, or dies in office. Biden’s major goal is the end of Whiteness in America.

Sadly, there is little serious debate over the ongoing border crisis, the zerg rush of mostly Central American illegal aliens to the border. There is much debate over Title 42 authority to remove aliens en masse for public health reasons, while useful during the Trump Administration, mostly due to the interference of kritarchs like Dolly Gee, in fact, mostly because of Gee herself’s sabotage of the regular administration of custody and deportation practices. However, neither Kritarch Gee, nor any other Kritarch was able to surmount the authority to deport or refuse entry to arriving aliens based on the Title 42 authority.

Whenever the Surgeon General determines that by reason of the existence of any communicable disease in a foreign country there is serious danger of the introduction of such disease into the United States, and that this danger is so increased by the introduction of persons or property from such country that a suspension of the right to introduce such persons and property is required in the interest of the public health, the Surgeon General, in accordance with regulations approved by the President, shall have the power to prohibit, in whole or in part, the introduction of persons and property from such countries or places as he shall designate in order to avert such danger, and for such period of time as he may deem necessary for such purpose.

42 U.S. Code § 265 — Suspension Of Entries And Imports From Designated Places To Prevent Spread Of Communicable Diseases, Legal Information Institute

Note that there is no preemption language, nor any explicit restrictions preventing any interference by kritarchs, but the language of the statute is quite plain, and open-ended. Of course, the Left out-foxed themselves by feeding the panic about the WuFlu, which was never the threat it was made out to be, but any port in a storm.

Now with the Biden Regime accelerating the invasion, some Republican, and only Republican, States Attorneys General have decided to intervene and seek relief from the courts concerning Title 42, noting the still ongoing costs of the WuFlu.

Three Republican-led states Monday announced they have filed a suit to prevent the Biden administration from lifting the Trump-era, public health order known as Title 42 to has allow to keep illegal migrants and others out of the U.S. during the pandemic.

Attorneys general in Arizona, Louisiana, and Missouri filed the suit in U.S. District Court Western District of Louisiana Lafayette Division.

President Trump activated the 1940s law near the start of the pandemic as the related COVID-19 death toll soared, citing its authority to keep out people who might bring in and spread the virus…

‘This suit challenges an imminent, man-made, self-inflicted calamity: the abrupt elimination of the only safety valve preventing this administration’s disastrous border policies from devolving into an unmitigated catastrophe,” reads the suit.

The attorneys general argue in the suit — whose plaintiffs include the Centers for Disease Control and Prevention — that the termination of the order will result in a number of higher costs for the states, including higher health care costs for illegal migrants infected with COVID-19 and “the presence of much greater numbers of paroled aliens with non-meritorious asylum claims … .’

Three Republican States File Suit To Stop Biden Administration Ending Title 42 Border Policy, Just The News, April 4, 2022

Curiously missing from this lawsuit is Ken Paxton, though even he can’t be everywhere. The suit has been filed in the 5th Circuit, the best circuit for immigration restrictionists, by three States, where successful lawsuits have been filed previously.

If this lawsuit is successful or not is up in the air. Trial judges in the Fifth Circuit have been excellent on immigration issues, but the statute clearly gives the authority to the President, and that’s a bad thing now that the election was stolen.

However, no one, even those at least temporarily strong on immigration, is talking about the real solution to the mass invasion of the United States. Is this because of ignorance? Could be, politicians are notorious for having little or no knowledge about the reality of any issue, much less the intricacies of immigration law. Hey, even the astute and worldly John Derbyshire did not know about American Samoa and the technicalities of American nationality versus American citizenship, so one cannot hold politicians to an impossible standard. Immigration law is very technical, but Stephen Miller should know about Expedited Removal and be advising President Trump on the issue.

And that is the solution to the invasion coming over the Southern Border, but Expedited Removal needs to be publicly discussed and strengthened. Expedited Removal is the legal process enshrined in the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. However, Expedited Removal has four major weaknesses, it is limited to arriving aliens, there is a minor exemption for aliens who fear persecution if deported which has opened up a hole a mile wide, it is limited in time to aliens who have been in the United States two years or less, and various administrations, Clinton, Bush, Obama, Trump, and Biden have failed to fully implement the provision. Yes, the Trump Administration started to fully implement it, but in delayed and prevaricated, and, along with illegal interference from kritarchs like Ketanji Jackson Brown, with ultimately nothing being improved regarding use of the provision.

The solution is legislative, and the fact that no politicians are talking about expanding and requiring use of Expedited Removal is a major problem. I doubt if even Mo Brooks knows about Expedited Removal or how it needs to be improved.

Hopefully Stephen Miller is still reading VDare.

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