Kritarchy Returns

Kritarchy itself has taken a turn on the immigration issue with the Supreme Court, Courts of Appeal, especially the 5th Circuit, and based District Court Judges, such as hero Andrew Hanen, thwarting many aspects of the Biden Regime Administrative Amnesty. It would seem strange that the radical open borders left would be pushing kritarchy at this time. Perhaps they just can’t help themselves. The left never thinks about consequences because they think they are immune. And the Treason Bar is one of the worse offenders. They have no self-awareness, only ideological blinders.

But, whether or not it is politic, kritarchy is back. In this case is a new documentary about a pair from the Treason Bar and their political use of kritarchs and the judiciary to interfere with the deportation of illegal aliens.

In the new documentary Guerrilla Habeas, filmmakers Emma Wall and Betsy Hershey advance an urgent argument about immigration courts: they function differently and apart from the American judicial system, often to the detriment of immigrants themselves.

The documentary centers on the lives of two lawyers, Sarah Gillman and Gregory Copeland, who founded the Rapid Defense Network, an organization that provided legal representation to undocumented immigrants who faced deportation. The documentary follows Gillman and Copeland from 2019 to 2021 during the Trump Administration and into COVID-19, as they employed an unusual legal strategy to defend their clients within the flawed immigration court system.

‘The System is Broken.’ New Documentary Filmmakers on How Immigration Courts Hurt Immigrants, by Jasmine Aguilera, Time/Yahoo, February 1, 2023

Despite the self-aggrandizement by the filmmakers, they are not doing anything original; their documentary is merely putting a four year old article from The Intercept to film.

And the film, yet to be released, appears to be the shameless baby waving so common on immigration stories, as the original article in The Intercept was. For a claim that the “guerilla” attorneys are so innovative, the theme and presentation are the cheap lies about illegal aliens in deportation proceedings.

The strategy is to present any illegal alien as some sort of saint, put in irrelevant information concerning whether or not they should be allowed to remain, and then demand “justice.” And, of course, put nothing in the presentation that would distract from the agenda, illegal aliens good, big bad ICE bad. To the uninformed, it does not matter if you are a nice person, if you do charitable work, if you are married, do you have a pliable local politician on your side, or whatever; none of that matters in immigration law, especially if it is not material to your claim to being allowed to remain in the United States under the proper immigration category. Just because you claim to be a nice person and come from a bad place, that does not mean you get to stay.

Two of the other themes are how clever this pair from the Treason Bar are at manipulating Federal judges to order the release of illegal aliens and entering orders, which they are not legally allowed to do, preventing deportation. Title 8 United States Code Section 1252, Judicial Review Of Orders Of Removal generally prohibits exactly what these Treason Bar shysters and their kritarch allies are doing.

The second theme is that the immigration court system is broken and therefore Federal District Courts should become the new immigration court, seizing cases from the Executive Office For Immigration Review (EOIR) and go full kritarch, releasing wholesale illegal aliens from both detention and the deportation process itself.

Now, the Treason Bar shysters are correct on one point, the immigration court system is broken. The backlog in the EOIR is in the millions and only getting worse under the traitors Alexandro Mayorkas and Joe Biden. The only disagreement with the Treason Bar shysters by immigration patriots is that the EOIR should be abolished and the decisions about deporting illegal aliens should be returned to the immigration enforcement agencies themselves.

But the Treason Bar solution is more kritarchy. They seem to think they control the Federal judiciary. However the Treason Bar don’t appear to have read the most recent tea leaves. But that is their problem. Immigration patriots should be putting pressure on Kevin McCarthy to end the kritarchy and the Biden Regime Administrative Amnesties by legislation.

Governor Ron DeSantis Strikes Again At The Wetback Menace And The Slave Power

America’s Viktor Orban, Governor Ron DeSantis, is moving from victory to victory on social and cultural issues, besides having a 2.5% unemployment rate. After beating the tranny lobby and Disney, Governor DeSantis has moved against illegal aliens, doing his best to end the job magnet and participating in the legal actions against various Biden Regime Administrative Amnesties.

The Scourge Of Illegal Aliens

This time Governor DeSantis has backed up his threats against the Slave Power to enforce the use of E-Verify by employers in Florida. Some claim DeSantis is just talk, but the truth is he acts and the Slave Power is being hurt. Many of the Slave Power thought they were above the law and ignored legal processes demanding compliance with the law. The Slave Power thought they could outwait Governor DeSantis, but that was not happening.

The Florida Department of Economic Opportunity said that Prestige Cruise Services, LLC, was the only of six organizations that received a notice in December of their requirement to prove compliance with E-Verify.

Dec. 16, a letter requiring proof of compliance was sent to six organizations: M.D.L. property Maintenance, American National Red Cross, Intelycare, Inc., Prestige Cruise Services, LLC., Upperline Health, Inc., ScribeAmerica, LLC., and Prestige Cruise Services, LLC.

The Department said Prestige Cruises is now “fully in compliance with Florida law,” but sternly warned the other five.

“For any organization that does not respond by its deadline, the next step is for DEO to notify the agencies that hold their licenses of their noncompliance. Per the law, agencies would then suspend all applicable licenses held by the employer until the private employer provides the department with the required affidavit,” they continued.

Florida Warns Companies Who Disobey E-Verify of License Suspension, by Eric Daugherty, Florida’s Voice News, January 13, 2023

Some got religion and complied, others thought they could intimidate Governor DeSantis. But that was the wrong move.

Immediately Reason Magazine moved in to defend the Slave Power, claiming that Floridians were hurt by the punishment meted out to recalcitrant Slavers. Apparently there are not enough jobs in Florida for people. Of course Reason Magazine does not differentiate between legal residents of Florida and those prohibited from being employed in Florida or anywhere else in the United States.

Under orders from Republican Gov. Ron DeSantis, the Florida Department of Economic Opportunity is cracking down on some Floridians’ economic opportunities.

Leigh McGowan, the department’s press secretary, confirmed to Reason on Monday that the state was revoking licenses from two Florida-based businesses that had failed to comply with a law mandating the use of the federal E-Verify system to check the immigration status of all workers hired after January 1, 2021.

The Department of Economic Opportunity had sent warning letters in December to a series of companies—including two that are not headquartered in Florida but have employees there—threatening to revoke their licenses if they failed to comply with the mandate. The companies were given 30 days to file an affidavit confirming that they did not employ undocumented immigrants and promising to comply with the E-Verify mandate when hiring future workers.

That 30-day deadline passed two weeks ago, and McGowan says the state has now taken action.

The department “has notified state and municipal agencies that may license these companies of their noncompliance,” McGowan writes in an email. “In accordance with the law, these agencies must now suspend all applicable licenses held by the employer.”

MDL Property Maintenance is a property management company based in Boynton Beach, Florida, while IntelyCare runs an online portal that connects registered nurses with medical facilities in the Tampa area. Both will have licenses suspended by the Florida Department of State, Department of Revenue, and Department of Business and Professional Regulation, as well as any licenses issued by counties and municipalities where they do business. IntelyCare will also have a license suspended by the state’s Agency for Health Care Administration.

DeSantis Revokes Licenses From Businesses That Fail To Use Flawed E-Verify System, by Eric Boehm, Reason, January 31, 2023

Reason claims that E-Verify is both error-ridden and ineffectual, therefore hobbling Americans and legally authorized aliens from obtaining a position with employers who use it. Of course, that makes no sense. No employer would use E-Verify if that were true. In any event, it is not true. E-Verify is fast and effective in authorizing employment. What Reason objects to is the fact that E-Verify interferes with the employment of illegal aliens. Because they support mass unlimited immigration, Reason just plain lies about E-Verify.

Reason does bring up on valid criticism of E-Verify, that it verifies documents, not people.

And, as a practical matter, it doesn’t even work properly due to some built-in weaknesses. The biggest of those, as the Cato Institute’s Alex Nowrasteh pointed out in a 2019 op-ed, is that the system checks documents, not workers. And documents can be forged, stolen, or otherwise faked.

However, there is a supplementary system to E-Verify that verifies photographic identity for Federal documents, but it also has a program to verify photographic identity with State issued driver’s licenses and Identification Cards. So, again, Reason is either deliberately ignorant or just lying.

Yes, E-Verify could be better; it could import directly all State Driver’s License and ID card records into the system. This would also help with the $5.4 billion fraud in Hurricane Ian relief and other disaster fraud. A biometric Social Security Card could also help. But that is a debate for another time. Perhaps Kevin McCarthy could do something like attach mandatory E-Verify to the debt-limit bill?

Attorney General Ken Paxton Strikes At the Biden Regime Administrative Amnesty, Again

Attorney General of Texas, the hero Ken Paxton, has struck again at another of the illegal and unconstitutional Biden Regime Administrative Amnesties, this time the Parole Amnesty. Paxton should be the next Attorney General of the United States or Secretary of the Department of Homeland Security (DHS). For a State official and not being an immigration law professional, he has an uncanny command of immigration law and policy. I suspect he has some of the best minds in immigration law working for his office, minds also with an aggressive attitude that makes for a winner in the battle for the Historic American Nation. It is if they can either read my mind or are reading VDare and my blog.

Man Of The Hour, Attorney General Ken Paxton

Here Attorney General Paxton is leading a large coalition of other States Attorneys General in a lawsuit filed in the most friendly Circuit Court to immigration enforcement in the nation.

A coalition of 20 Republican states, led by Texas, filed a lawsuit in federal court on Tuesday against President Joe Biden’s Department of Homeland Security (DHS) to prevent it from expanding the “catch and release” of border crossers into the U.S.

The lawsuit challenges the Biden administration’s recent expansion of the parole program, whereby the administration will “allow up to 30,000 qualifying nationals per month” from Venezuela, Cuba, Nicaragua, and Haiti to stay in the country and work while they await their immigration hearings.

Red States Sue Biden’s DHS for Creating ‘Parole’ Migration Pipeline, by Jordan Dixon-Hamilton, Breitbart, January 25, 2023

The lawsuit is almost picture perfect. My only suggestion would be to hold each of the defendants, mostly the traitors Alexandro Mayorkas and Ur Jaddou, Director of U.S. Citizenship and Immigration Services (USCIS), sued in their personal capacity as well their official capacity. As of now, both are named only in their official capacity which means they are not held personally financial liable for their flagrant illegal actions. Both though are personally motivated by hatred of White Americans and committed to illegally opening the borders of the United States to unlimited non-White immigration. Both have long records of illegality on behalf of illegal aliens in violation of their oaths of office. Mayorkas is also a long-time participant in immigration fraud and deliberately sabotaged fraud investigations when he was Director of USCIS under Barack Hussein Obama. Jaddou is an immigration bureaucrat and should know better than to participate in such illegality, though she is at the heart of the illegal Biden amnesties. Both should be held personally financially, and later under the DeSantis Administration, criminally liable, for their actions.

Furthermore, Tae Johnson, head of ICE SVU similarly should know better being a legacy Immigration and Naturalization Service veteran. He has been fully supportive of the illegal Biden amnesties and deserves to be held civilly, and later criminally, responsible. All three traitors should be paying a price for their betrayal of the American people. Johnson is particularly vulnerable, and may be turned to testify against the Biden Regime out of fear of losing considerable personal wealth accumulated during his many years in the Civil Service. Nothing concentrates the mind like having to write a check to 20 different States for violating the law. He could likely testify that the Biden Regime knew their actions were illegal and blast open the internal discussions of this and other Biden Regime criminal activity on immigration.

This most recent action led by Ken Paxton shows how Republican politicians and leaders can act, but it also exposes Kevin McCarthy. The debt ceiling issue is reaching critical importance for the credit-worthiness of the United States. Raising the debt ceiling is must-pass legislation, but so far there appears to be no willingness of Speaker McCarthy to use this leverage to stop the various Biden Regime Administrative Amnesties. Shame on McCarthy.

RINO Kevin McCarthy Does Nothing While Republican Attorneys General Attack Biden Regime Lawlessness

Chip Roy Targets The Biden Regime Administrative Amnesty

Representative Chip Roy was on Mark Levin and he appeared to have read my work on the Parole Amnesty and my criticism of his H.R. 29, the Border Safety and Security Act and the Act’s failure to address the illegal use of parole by the Biden Regime to create another avenue of immigration for aliens for whom there is no lawful avenue for them to immigrate to the United States.

Texas Leads The Way, Representative Chip Roy, Immigration Patriot

America is under siege by both cartels and our own politicians. Since day one of his presidency Joe Biden has made it clear that he would rather allow cartels to control our border than be vulnerable to political attacks from the left.

As a result, we have experienced the largest border security crisis in modern American history. The Secretary of Homeland Security has perpetuated this crisis through “encounter and release” policies that ignore our laws and put both Americans and the migrants seeking to come here in danger…

The problem is that the Biden administration has used asylum as the exception to swallow the rule of border security; now hundreds of thousands arrive at our southern border each month.

Secretary Mayorkas has released between 1-2 million illegal migrants into American communities, heavily through an abuse of parole authority which is supposed to be used on a “case-by-case” basis.

House Republicans Can Fix Border, End Biden’s Border Crisis And Reclaim Control From Mexican Cartels, by Chip Roy and Myra Flores, January 19, 2023

The only question is has Representative Roy updated his proposed legislation? I don’t know at this time. He obviously knows about the parole amnesty, but his legislation at the time of my review of it did not address parole specifically, especially those aliens who appear at Ports-of-Entry (POE) using the CBP-One application, the Central American Minors (CAM) program, nor the special parole program for Nicaraguans, Venezuelans, Cubans, and Haitians. But Representative Roy has the opportunity with the debt ceiling having been reached to attached an improved version of his legislation to the raising of the debt limit.

Representative Roy, America’s turns it’s eyes to you in this time of danger. Action this day!

Another Amnesty Breaks

Another day, another amnesty. This time it is limited, but significant; the Biden Regime is expanding waivers of fees for immigration related applications. While this is not as important as the parole amnesty or the open southern border, it is yet another indication that the Biden Regime is lawless and acting to replace the Historic American Nation with non-White illegal aliens.

The Department of Homeland Security on Tuesday proposed expanding immigration fee exemptions while increasing some fees by hundreds of dollars.

The agency currently provides some fee exemptions and waivers, but Homeland Security proposed additional fee exemptions for refugees, juveniles, abused spouses and others.

“In this new fee rule, DHS proposes to return the focus of its fee-setting away from emphasizing the beneficiary-pays principle towards the historical balance between the beneficiary-pays and ability-to-pay principles,” Homeland Security said in a 469-page proposal. “DHS has been directed by the President to reduce barriers and promote accessibility to the immigration benefits that it administers.”

Homeland Security Proposes Expanding Immigration Fee Exemptions, by Madeline Hubbard, Just The News, January 3, 2023

In other words, the alien first, despite the fact that U.S. Citizenship and Immigration Services (USCIS) is supposed to be completely funded by fees for the services it provides.

Note the fee for one of the Biden Regime Administrative Amnesties, the Deferred Action Amnesty, had the fee reduced by $400.

The proposed fee for an application to suspend deportation also decreased by $400 to $340.

While Americans doing genealogical research on their ancestors were hit with a huge fee increase for obtaining records from USCIS about their forebearers who immigrated legally.

The agency proposed increasing other fees by as much as 300%. For example, a paper genealogy records request from the agency currently costs $65. The new fee would increase prices by 300% – to $260.

Similarly to rewarding illegal aliens in the Deferred Action Amnesty, the Biden Regime has decided to fund the fraudulent Asylum Amnesty with fees on employers who hire H-1b and other temporary workers.

The Department of Homeland Security (DHS) also proposes to fund the asylum program with a controversial new Asylum Program Fee of $600 to be paid by employers who file either a Form I-129, Petition for a Nonimmigrant Worker, or Form I-140, Immigrant Petition for Alien Worker. DHS said it has determined “that the Asylum Program Fee is an effective way to shift some costs to requests that are generally submitted by petitioners who have more ability to pay, as opposed to shifting those costs to all other fee payers.” This new $600 fee would be in addition to processing fees for those petitions.

USCIS Issues Proposed Rule to Raise Fees and Fund Asylum Program With New $600 Employer Petition Fee, unattributed, WR Immigration, January 9, 2023

Here the Biden Regime is doubly attacking Americans, replacing American workers with H-1b serfs and using their fees to import more low wage workers. Americans lose both ways.

As ever, the Biden Regime is always America Last, Invaders First.

States Are Leading The Way Against The Biden Regime Zerg Rush

States are leading the way on countering the various Biden Regime Administrative Amnesties; at first it was mostly States Attorneys General challenging and beating the Biden Regime in Federal courts on various amnesties. Then Governors started to get in on the action. After Governor Ron DeSantis openly criticized Governor Greg Abbott on his less than convincing response to the border zerg rush and volunteered Florida law enforcement and National Guard troops, Governor Abbott was forced to take more decisive action on illegal aliens. Soon after criticism from Governor DeSantis, Governor Abbott was forced to begin building a barbed wire and shipping container wall along the Rio Grande.

Governor DeSantis has been the force and conscience behind pushing Governor Abbott into taking stronger action on the border issues. Sadly Governor Abbott is mostly all hat and no cattle, but he can respond to public and other political pressure, with Governor DeSantis’ call for Governor Abbott to deport illegals caught entering illegally. Now, that is a controversial issue. Technically only an immigration officer as designated by the Secretary of the Department of Homeland Security (DHS) can deport an illegal alien, but with the current designation of the zerg rush at the border as an invasion, there are legal openings for Governors to use their inherent and Constitutional authority to stop and push back invaders. The technical issue here is that the aliens are not being deported but pushed back as those invading the United States, which would be an inherent power of the States to repel an invasion, as authorized by the Constitution.

Governor DeSantis has also taken physical action against invaders, as the zerg rush has turned to the sea, invaders are landing in Florida, mostly from Haiti and Cuba, but with many different nationalities on their rickety boats, with DeSantis ordering police and the Florida National Guard to arrest the illegals. The question has arisen as what should Governor DeSantis do about this? Some have implied that Governor DeSantis should start deporting those invaders; suggested by some who should know better than to use “deportation” as the operative action. Governors, State law enforcement, and the National Guard working in their State capacity cannot “deport” illegal aliens. As before, they can push back invaders, but in the case of Florida, push back is a little more difficult, as illegal aliens cannot be forced to wade back over the Florida Straits to Cuba or Haiti, as they can be forced to over the Rio Grande. And it would be bad public relations to try. We might have too many pictures of invaders eaten by sharks or drown.

Thankfully, it appears that the Biden Regime has not returned to wet-foot dry-foot as regards to Cubans and Haitians, and that Cubans and Haitians who land are being returned, though this cannot be confirmed. Of note is that Florida police officers are detaining illegal aliens who land from boats and turning those aliens over the Border Patrol with no objection from the Biden Regime, so State enforcement of immigration laws appears to be legal or at least tolerated. The reason appears to be that the Biden Regime does not want the bad public relations of another Mariel Boatlift.

But back to DeSantis and what can he do? We now have Governor DeSantis’ response. He has gone to a jujitsu move, instead of the bad PR of forcing Cubans and Haitians to attempt to swim back, he has pivoted to the Slave Power magnet, turning that off in Florida.

Florida is threatening to suspend licenses for businesses failing to provide proof of E-Verify compliance, which ensures they are not employing illegal immigrants. It comes as part of its greater effort to protect Florida residents and their jobs as the nation faces a mass immigration crisis on the southern border.

The Department of Economic Opportunity sent letters to several businesses, flagging the various companies for “repeat non-responsiveness” to the Florida Department of Law Enforcement (FDLE).

“If you persist and fail to respond to the Department of Economic Opportunity (DEO), there will be significant consequences,” the letters reads, warning that the notice serves as the “final opportunity to respond before consequences are initiated.”

Florida Threatens to Suspend Licenses of Businesses Failing to Provide Proof of E-Verify Compliance, by Hannah Bleau, Breitbart, January 16, 2023

Check-mate to Governor DeSantis. He avoided the sticky issue of push-back into shark infested waters, outfoxed the Biden Regime on their work-site amnesty, and becomes the leader on State level immigration enforcement by Governors. Kudos to Governor DeSantis, but what is your next move? Americans thank you for this action, but expect more. How about putting the Florida National Guard on armed vessels and intercepting zerg rush boats at sea, and pushing them back or turning them over to the U.S. Coast Guard for repatriation? The Coast Guard is still returning invaders caught at sea to Haiti and Gitmo.

The Texas Brown Water Navy Fighting The Biden Zerg Rush

Perhaps the Florida Wildlife Commission Division of Law Enforcement should deploy their Blue Water Navy to the Straits of Florida to repel the invasion?

Florida Wildlife Commission Department of Law Enforcement Blue Water Navy, Just Needs Machineguns

Unindicted Visa Fraudster Alejandro Mayorkas Creates Another Illegal Amnesty

The various Biden Regime Administrative Amnesties keep rolling in. It seems that almost every week there is a new amnesty created out of thin air by the Biden Regime and the Jewish Secretary of the Department of Homeland Security (DHS), Alejandro Mayorkas. This time the amnesty is an adjunct of the previously announced amnesty for illegal aliens in the workforce. In this latest amnesty, illegal aliens who are working will not only benefit from no work-place raids, but will get a work permit, but also assorted breeder documents to live in the United States illegally, Social Security Card, driver’s license, and welfare benefits, for being the victim of “immigration-related retaliation” in the workplace, a place where it is illegal for illegal aliens to be, as illegal aliens are not authorized to work in the United States.

The U.S. Department of Homeland Security (DHS) has announced that noncitizen workers who are victims of, or witnesses to, the violation of labor rights, can now access a streamlined and expedited deferred action request process. Deferred action protects noncitizen workers from threats of immigration-related retaliation from the exploitive employers. Effective immediately, this process will improve DHS’s longstanding practice of using its discretionary authority to consider labor and employment agency-related requests for deferred action on a case-by-case basis. Workers will be able to visit DHS.gov for additional information in English and Spanish and to submit requests. These improvements advance the Biden-Harris Administration’s commitment to empowering workers and improving workplace conditions by enabling all workers, including noncitizens, to assert their legal rights.

DHS Announces Process Enhancements for Supporting Labor Enforcement Investigations, Press Release, January 13, 2023

Instead of arresting the unscrupulous employers of illegal aliens and deporting the illegal aliens, the Biden Regime has decided to reward illegal aliens for working illegally, then, in the end, not prosecute the Slave Power exploiting illegal aliens.

And note the sly jab at immigration enforcement. Apparently DHS thinks that enforcing immigration law is “immigration-related retaliation.” The theory here is that illegal aliens are afraid of being arrested, unscrupulous employers know this and threaten illegal aliens with being arrested, reported to immigration, or whatever else is so-called “immigration-related retaliation,” if they ask for high wages or better working conditions.

However, since DHS does not arrest illegal aliens in the United States unless they have serious criminal convictions, as stated by Joe Biden, how can there be any “immigration-related retaliation?” Additionally, there is no longer any work-site enforcement, as announced by Secretary Mayorkas, so there can be no “immigration-related retaliation” for illegal aliens to be concern about or be the victim of. So, the only purpose of this new program is to legalize another group of illegal aliens. It is another illegal Biden Regime Administrative Amnesty.

While the need for such a program is spurious at best, the idea that illegal aliens are dying in droves in Victorian level abusive workplaces is absurd, the solution to any real or imagined exploitation of illegal aliens is deporting the illegals and arresting the employers, the program itself is illegal. There is no statutory basis for this program called Deferred Action.

Deferred Action (DA), like its bastard offshoots, Deferred Enforced Departure (DED) and the abused Voluntary Departure (VD) and Extended Voluntary Departure (EVD), have no basis in law, except VD, which, like parole, is limited in time and scope, as well as not a substitute for legislation creating an amnesty. Sadly, it was Ronald Reagan and George H.W. Bush that greatly expanded these collective and once hidden deferred action amnesties. In fact, the origins of a deferred action amnesty program go back into the late 60s or so, once hidden deep in secret Immigration and Naturalization Service (INS) regulations, the “Blue Sheets.” It took illegal alien John Lennon to bring the policies to light and make the policies public, but those policies remained administrative creations, and therefore illegal.

Once called “non-priority cases,” deferred action was long standing, but without statutory authorization. Additionally, there is no authorization to give the illegal alien a work permit in such cases. It is completely lawless.

In fact, DHS admits that the whole panoply of deferred action policies are without legal authorization.

DED is in the president’s discretion to authorize as part of his constitutional power to conduct foreign relations. Although DED is not a specific immigration status, individuals covered by DED are not subject to removal from the United States for a designated period of time.

Deferred Enforced Departure, Fact Sheet, U.S. Citizenship And Immigration Services, undated

As one can see, a once secret and lawless INS program of granting an administrative amnesty for a certain lucky few has grown into a massive ever expanding program of amnesties, still without statutory authorization.

We have a new opportunity for the House of Representatives to take action to end this rampant illegality. The limit on the debt ceiling is fast approaching and requires legislation to be raised. Kevin McCarthy can attach riders to this “must pass” legislation ending the Deferred Actions amnesties, including the latest illegal amnesty from Mayorkas rewarding illegal aliens in the workplace, and end the current Parole Amnesty.

A Good, But Inadequate Proposal

We have the first legislation from the new Republican House of Representatives to deal with the the crisis at the border and the deliberate refusal of the Biden Regime to enforce immigration at the border. It is titled The Border Safety And Security Act, proposed by a patriot, Representative Chip Roy of Texas. It is a brief three-page bill. However, it appears Representative Roy does not really understand immigration law or the manner in which the Biden Regime has conducted the ongoing administrative amnesty. Not to say this is not a bill that could work, it could, but it relies on kritarchs to force the Secretary of the Department of Homeland Security (DHS) to perform his duties. It also relies on inadequate language to compel adherence to the bill and other immigration laws.

Patriot Chip Roy With A Good Attempt At Holding Biden And Mayorkas Accountable

First, the bill.

Rep. Chip Roy, R-Texas, is introducing a bill that would block illegal immigrants from entering into the U.S. until the border was under “operational control” — just as the House Republican caucus is eyeing a number of legislative and oversight moves related to the besieged border now they have the gavel.

Roy re-introduced this week “The Border Safety and Security Act” which was first introduced last year and would authorize the Homeland Security Secretary to suspend the entry of illegal immigrants into the United States, if he determines it “necessary in order to achieve operational control” of the border.

The legislation would also require the suspension of entry of illegal immigrants if the Department of Homeland Security cannot either detain them or place them into a program like the Trump-era Migrant Protection Protocols (MPP), which required migrants to remain in Mexico while their hearings were underway. The bill currently has 49 co-sponsors in the House.

Rep. Roy Introduces Bill To Block Illegal Immigrants As House GOP Fires Up Border Push, by Adam Shaw and Peter Kasperowicz, Fox News/Yahoo News, January 12, 2023

A major concern is the language of the bill that gives the discretion to the DHS Secretary. Why? If the purpose of the bill is to force Secretary Alexandro Mayorkas to act to control the border and prevent entry of illegal aliens, why give him the discretion to act or not? From the bill:

Not withstanding any other provision of law, if the Secretary of Homeland Security determines, in his discretion, that the suspension of the entry of covered aliens at an international land or maritime border of the United States is necessary in order to achieve operational control over such border, the Secretary may prohibit, in whole or in part, the entry of covered aliens at such border for such period of time as the Secretary determines is necessary for such purpose

The Border Safety and Security Act, unattributed, Scribd, undated

Why allow Mayorkas the discretion to deter if the suspension of entry of “covered aliens” is necessary? Why not instead prohibit the release of any alien who enters the United States without inspection, i.e. illegally? Why make any decision optional? Additionally, why condition the entry of illegal aliens on having custody available? There is no reason for that. Custody by its very nature is expensive and scarce, ever dependent on appropriations from Congress. That is an easy out for any mandatory detention language in the bill.

The bill goes on to authorize States Attorneys General to file lawsuits in Federal courts if the Secretary fails to take action that is otherwise described as discretionary in the bill, though there is language requiring action to suspend entry of those mysterious “covered aliens.” Why have two provisions, one making action discretionary and the other requiring action? Then why wait for a lawsuit and a kritarch to take action against the Secretary, or not as the kritarch decides. This is a weak response and unnecessarily complicated. Why involve States Attorneys General when you can mandate executive action without them.

Then there is the use of the word “shall.” The Immigration and Nationality Act (INA), as amended, is filled with “shalls” which Presidents have ignored with no consequences. In fact, the Biden Regime is arguing in court that he can legally and constitutionally ignore any statutory language mandating any action in immigration enforcement actions. The argument is that since immigration touches on international relations, the President is not bound by statutory language requiring action since deporting an illegal alien might affect foreign affairs. The Biden Regime is also claiming that the President has the prosecutorial discretion to take action or not, reminiscent of the Obama Regime rationalization for Deferred Action For Childhood Arrivals (DACA).

Then why the strange language concerning “covered aliens?” Why not just identify the “covered aliens” as what they are, illegal aliens and then define the term illegal aliens? That would be simpler. Why create a new class of aliens when we already know what they are, illegal aliens?

Instead, Representative Roy should reintroduce the bill with language dealing with illegal aliens. First, define the term “illegal alien” for this bill and for Federal law in general. Define an illegal alien in these general categories: any alien who enters the United States without inspection and admission or parole in violation of Title 8 United States Code Section 1325, Improper Entry By An Alien, any alien who having been inspected and admitted or paroled, used fraud, misleading statements, or false statements, to gain admission, or any alien who having been inspected and admitted, paroled, or adjusted status, violates any of the terms and conditions of admission.

Then prohibit the parole or release into the United States, other than into the physical custody of the United States, require that any alien who enters without inspection be immediately removed from the United States to the nation from which they entered without review by any Federal court or the Executive Office For Immigration Review (EOIR). Effectively this would require that any alien who enters illegally from Mexico or Canada to be removed there, respectively. It would also require that any alien who enters illegally over the maritime border to be removed to which ever nation they came from, such as Cuba or Haiti. This is even better than Remain In Mexico, as it just mandates removal all illegal entrants.

Additional language would prohibit the parole of any alien who appears at a Port-of-Entry (POE) from being paroled, deferred, or released; only admitted in the immigrant or non-immigrant visa category for which the alien has a valid unexpired Immigrant Visa (IV), Non-Immigrant Visa (NIV), eligibility for the Visa Waiver Program (VWP), or is a returning Lawful Permanent Resident (LPR) who has not abandoned his or her residency by being outside the United States more than 365 days.

Furthermore, the bill should revoke the previous parole or previous release of any alien who entered the United States without inspection or was paroled at a POE with the intent of apply for any relief such as asylum, adjustment of status, or Withholding Of Removal, perhaps going back to the Obama Children’s Jihad of 2014.

The advantage of prohibiting actions by DHS instead of mandating action, such as with “shall,” is that while the Executive can make an argument that he cannot be compelled to do anything by Congress as the President is independent and co-equal branch of government, having the discretion whether to take an action or not as a Constitutional officer. If the President is prohibited from taking an act, that act cannot be taken, especially in the area of immigration and naturalization, as that is Title I authority in the Constitution. But I would include language making failure to take action a felony offense, punishable by 10 years in prison for the President, the Secretary, or any other inferior officer to fail to take action to enforce this bill.

Representative Roy’s legislation may work, but relying on Attorney General Ken Paxton, no matter how great he is, and an as yet unnamed Federal judge in Texas is not a good idea. Immigration is a Federal issue and the legislation should be forced down the throat of Biden and Mayorkas, hoping they choke on it, politically, of course.

Fake Human Trafficking And Wear Blue Day

The Department of Homeland Security (DHS) just had their Wear Blue Day to celebrate fake human trafficking. Millions are pouring over the border in a mad zerg rush that is controlled by various Mexican drug trafficking organizations and which are profiting immensely. The zerg rush is inaccurately attributed to human trafficking or even sex trafficking, with both sides decrying the exploitation of women and children for sex. But the reality is that there is little or no human trafficking or sex trafficking. What there is is alien smuggling for immense profits and exploited by nation busting ethnic lobbies and those who wish to destroy the Historic American Nation, which means Joe Biden and the Democrat Party, as well as the Republicans beholden to the Slave Power. In fact, prostitutes are being rewarded with green cards because of Wear Blue Day and Blue Campaign lies about victimization rather than a criminal conspiracy to evade immigration law and prostitution laws.

National Human Trafficking Awareness Day is recognized each year on January 11th. In recognition of this important day, and throughout the month of January, Blue Campaign hosts several special events and educational activities.

Blue Campaign’s largest initiative is #WearBlueDay on January 11th. To raise awareness of human trafficking, we invite the public to take photos of themselves, friends, family, and colleagues wearing blue clothing and share them on social media – Facebook, Twitter, and Instagram – along with our #WearBlueDay hashtag. Anyone can participate, all you need is a piece of blue clothing!

#WearBlueDay: January 11, unattributed, DHS.gov, undated

The usual suspects were touting the lies about human trafficking.

Chief Alien Smuggler Alexandro Mayorkas Celebrating Alien Smuggling
The Jewish Black Indian Alien Smugglers

But sadly, normally intelligent Republicans are joining in on the lies.

All Hat No Cattle Greg Abbott

And even a normally intelligent and honest politician.

Another Republican Intimidated By The Lies

But let us deal with the facts. The claim that women and children are being brought involuntarily to work in prostitution is a lie. Women come to the United States voluntarily and with full knowledge they will be prostitutes. Worse yet, ICE SVU has long failed to take any enforcement action against illegal aliens engaged in prostitution. Instead ICE SVU rewards such illegal alien with green cards, treating them as victims when they are co-conspirators with alien smugglers and brothel owners. The Blue Campaign even still touts the lie that major sporting events cause more human trafficking.

Time to end the lies about human and sex trafficking and return to deporting illegal alien prostitutes, which is still the law.

Immigration Patriots, ICE SVU Is Hiring

Immigration patriots, apply for this job. It closes tomorrow. Do it. Get paid to arrest illegal aliens and to leak ICE lies and deceit to the public, or to me!

https://www.usajobs.gov/job/699038000

You may be working with useless women and minorities, but it is great career, great pay, great benefits, and you will be making arrests during the DeSantis Administration

Also many positions open for Customs and Border Protection Officer here:

https://www.usajobs.gov/job/696923500

CBP is definitely more manly than ICE SVU.

The Office of Air and Marine is also hiring:

https://www.usajobs.gov/job/697046500

https://www.usajobs.gov/job/697448800

Cool gear, boats, and helicopters!