Has the Kritarchy been given a death blow from which they cannot recover? It may be so. VDare’s James Fulford wrote today about the 6th Circuit Court of Appeals dealing a smack down to one of the nations most egregious kritarchs, the execrable James Gwin. [Bail For Thrice-Deported Illegal Waiting Sentencing? Why Would ANY Illegal EVER Get Bail?, by James Fulford, VDare, December 16, 2018] Note that Gwin has been in the news for his illegal activity for a while, first brought to you by your humble correspondent while writing about other kritarchs working to thwart the Trump deportation policy. [Kritarchs Free Illegal Aliens, by Federale, Federale Blog, October 20, 2018]
The smack down by the Appeals Court was sweet:
The government appealed the order preventing its agents from acting pursuant to their statutory mandates. The district court erred in its statutory finding and in issuing its order. We REVERSE…
Therefore, we find no conflict between the BRA and INA in the manner which the Trujillo-Alvarez cases and the district court here ruled. The BRA presumes detention but allows for the permissive release of a criminal defendant. The INA mandates the detention of certain illegal aliens. Reading the BRA’s permissive use of release to supersede the INA’s mandatory detention does not follow logically nor would doing so be congruent with our canons of statutory interpretation. One of the primary purposes of the BRA is to ensure the appearance of criminal defendants at judicial proceedings. To the extent that ICE may fulfill its statutory mandates without impairing that purpose of the BRA, there is no statutory conflict and the district court may not enjoin the government’s agents.
For the foregoing reasons, we hold that ICE may fulfill its statutory duties under the INA to detain an illegal alien pending trial or sentencing regardless of a BRA release determination. The district court erred in finding that the BRA and INA must be read to conflict. We therefore REVERSE the order of the district court enjoining the government from detaining Veloz-Alonso pending sentencing.
[United States v. Cesar Veloz-Alonso, by Judges Suhrheinrich, Batchelder, And Bush, U.S. Court of Appeals for the Sixth Circuit, December 6, 2018]
Kritarch Without A Leg To Stand On James Gwin
What Judge Batchelder, writing the unanimous opinion, did was to drive a stake through the heart of the kritarchy. She said in no uncertain terms that ICE was free to deport illegal aliens and a District Court Judge had no authority to prohibit ICE from acting under its authority from an Act of Congress. Jude Batchelder acknowledged that Congress through law makes immigration policy and the Executive Branch executes those laws. The opinion clearly stated that the wannabe legislators on the bench are acting beyond their authority. The law is the controlling authority, not the policy preferences of judges. She stated that the policy is made by the Legislative Branch. This strikes at the heart of the kritarchy, especially in the immigration arena.
All the attacks on deportations by judges are based on policy that particular judges want, not what the law says. This has important consequences for many illegal aliens, especially many high profile illegal aliens, like New York Pizza Guy, Ravi Ragbir, and Indonesian Christians with failed asylum claims. In these three cases the Trump Administration was stymied by kritarchs who don’t like deporting illegal aliens and who themselves acted illegally to prohibit deportations. The Trump Administration now has the legal precedent to deport criminals like Ragbir post haste. Let the deportations begin!