Ninth Circuit forces Arizona to follow Obama’s illegal
amnesty, provide illegals with driver’s licenses
By: Daniel Horowitz | February 13, 2017
You heard that right. At the same
time the Ninth Circuit is flipping federal immigration power on its head and
allowing states to block Trump’s lawful order reducing dangerous immigration,
it is forcing Arizona to comply with Obama’s executive amnesty and provide
illegal aliens with driver’s licenses.
There is no word in the English
language to describe this degree of perfidy and hypocrisy. I don’t know how I
missed this, but just one week before the Ninth Circuit nullified federal
immigration laws and lawfully delegated presidential powers, the full court refused to
overturn a three-judge panel that forced Arizona to provide DACA recipients
with driver’s licenses.
The rationale of the court? Arizona
was preempted by federal immigration powers!!!
“The federal government, not the
states, holds exclusive authority concerning direct matters of immigration
law,” wrote the radical Judge Harry Pregerson. This opinion to deny the
rehearing of the case was joined by 23 of the remaining 28 active judges on the
Ninth Circuit … including Judge Michelle Friedland. She wrote the opinion last
week saying that states can force the federal government to bring in more
immigrants even when the president is acting on iron-clad statutory authority.
Just last week, I detailed how the federal courts are flipping
federalism and immigration on its head — upside down, inside out. However, the
juxtaposition of these two decisions takes the duplicity to a new level. A few
points to consider:
1) Sure, the
federal government controls immigration, but which branch? Congress. With
Obama’s DACA amnesty, Obama unilaterally nullified federal statutes and created
his own immigration program, a program that was explicitly rejected
by Congress. Trump, on the other hand, was following a long tradition of delegated authority to ratchet down
immigration as needed, in concert with five congressional statutes.
2) Arizona was
being asked by illegal aliens, who should never have had standing to sue, to
initiate a positive action in order to abide by Obama’s unlawful
amnesty. Washington and Minnesota, on the other hand, were given no mandate by
Trump’s order. They were the ones burdening the federal government and
overriding federal plenary power over immigration.
3) As Scalia noted
in Arizona v. U.S., “the naturalization power was given to Congress not to
abrogate States’ power to exclude those they did not want, but to vindicate
it.” On the other hand, it was designed precisely to prevent liberal states
from flooding the rest of the union with immigrants the federal government
deemed undesirable, as the Ninth Circuit allowed Washington to do last week.
4) In Texas v.
U.S., the Obama administration explicitly argued that states could not get
standing to sue against the executive amnesty precisely because, in their view,
states were not obligated to issue driver’s licenses!
Now the Ninth Circuit is contending that states must give driver’s licenses but
have no reason to complain!
5) After ruling
that the state of Washington will suffer irreparable harm if Trump exercises
his legitimate authority to keep out un-vetted immigrants from war-torn
countries, the same panel ruled that “Arizona has no cognizable interest in
making the distinction it has for drivers’ licenses purposes.” The fact that
almost 30,000 driving offenses have been committed just by the 30,558 criminal
aliens Obama released in fiscal year 2014 alone is evidently of no concern to
Judge Pregerson, who has replaced jurisprudence with political rants.
6) There is a
seamless flow from obtaining a driver’s license to voting via the motor-voter
laws. Yet, this same court has prevented Arizona from verifying proof of
citizenship in order to register to vote.
7) With at least
630,000 illegals residing in the state, at a cost of $2.4 billion a year,
Arizona is left defiled and helpless in protecting its own residents and even
their right to vote in untainted elections. Over 10% of the state’s public school population is
comprised of illegal alien children. The Arizona Department of
Corrections estimates that illegal aliens comprise 17% of its prison population
and 22% of all felony defendants in Maricopa County. Arizona has become the
drug smuggling capital of the country. From 2010-2015, heroin seizures in
Arizona have increased by 207%, while methamphetamine seizures grew by
310%. In FY 2014, there were more pounds of marijuana seized in the
Tucson corridor than every other border sector combined. Yet, the
state has no “cognizable interest” in fighting a past president’ illegal
amnesty, but Washington state has an interest in overturning federal
immigration power of an existing president and demanding its own
immigrants!?
It’s time for Trump and Congress to
unite on behalf of Arizona and expose the duplicity of the courts.
The courts of Sodom and Gomorrah
indeed.
This is why it is foolish for any
conservative to suggest that a better prepared Trump administration could have
survived the Ninth Circuit. Those judges are willing to use opposing legal
theories in order to achieve the “right” political outcome at any and all
costs. That is why we need wholesale judicial reform and why it must start with breaking up the Ninth Circuit.
Meanwhile, Arizona’s junior senator, Jeff Flake, R-Ariz. (F, 50%) is more bothered by the criticism of
these judges than what they are doing to disembowel his own state.
The fact that states are still being
forced to issue driver’s licenses to illegal aliens is another reason why Trump must terminate DACA. It’s not merely
about the inaction of declining to deport this category of illegal aliens.
These illegals are unconstitutionally obtaining Social Security cards, which
forces states to issue driver’s licenses. It’s time for Trump and Congress to
unite on behalf of Arizona and expose the duplicity of the courts.
- See more at:
https://www.conservativereview.com/commentary/2017/02/ninth-circuit-forces-arizona-to-follow-obamas-illegal-amnesty-provide-illegals-with-drivers-licenses#sthash.xYo2VsZ8.dpuf
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