On Immigration, Administration’s Lawlessness Rules the Day

Imagine that a future president decides that Medicare is bankrupt and therefore a broken program. To preserve the program, the president and his White House staff unilaterally decide that Medicare eligibility will be pushed back to age 75. Although Congress has the responsibility to oversee and fund Medicare, it offers only token resistance to the president’s power grab. The new White House Medicare edict then becomes de facto law.

While a hypothetical comparison of Medicare to the never-ending immigration crisis may not be exact, what’s happening at the border and in the interior is a series of law-breaking, power-grabbing actions that has led to and encouraged the ongoing invasion. With the blessings of President Biden and Department of Homeland Security Secretary Alejandro Mayorkas, the invasion has red-carpeted in about 5 million mostly unlawful crossers, who have been subsequently released into the interior where their whereabouts and intentions are unknown. Immigration and Customs Enforcement, ICE, will not look for wayward aliens because, in fact, Mayorkas ordered agents not to search for them. Homeland Security secretaries, however, don’t have the legal authority to rewrite established immigration law, a fact that Mayorkas ignores.

Mayorkas has, with Biden’s implicit approval, acted without Congress, the legislative branch that has plenary authority over immigration. In the process, Mayorkas has broken several established laws. By blatantly disregarding federal workplace enforcement laws, Mayorkas has also encouraged more crimes, specifically letting employers who illegally hire unlawfully present aliens to continue their illegal employment practices. American workers are the big losers in the alliance between unscrupulous employers and their alien employees. In November 2022, government data showed that 1.9 million more legal and illegal immigrants were employed than in 2019. During the same period, 2.1 million fewer Americans were working.

Pursuant to 8 USC Section 1325, improper entry by an alien is a crime. Under current law, DHS has two options when officers apprehend illegal aliens: 1) expedited removal under Section 235(b)(1) or regular removal under Section 235(b)(2) of the Immigration and Nationality Act. But on his recent Mexico photo-op, Biden said, tipping his hand, “We’re trying to make it easier for people to get here, and opening up the capacity to get here,” a reference to his latest sovereignty-busting scheme. But bringing in and harboring aliens, clearly Biden’s intent is, under 8 USC, Section 1324, a crime. Biden and Mayorkas have enabled alien entry, transported them around the country and provided them with housing, food and other comforts – the definition of harboring.

In January, the Biden administration, by executive proclamation, announced its intention to parole 30,000 Cubans, Haitians, Nicaraguans and Venezuelans every month, 360,000 annually, even though the president has no legal authority to grant parole en masse. Immigration parole’s original purpose was to provide, on a case-by-case basis, entry for urgent, humanitarian conditions – not to parole tens of thousands of unknown persons from impoverished, totalitarian, left-wing nations.

The foreign nationals seeking entry will, on perhaps dubious credible fear grounds, appeal for asylum. Credible fear is a huge loophole, and since it became well-known that such pleas would virtually guarantee entry, requests mushroomed. But for the low percentage of aliens that eventually appear in immigration court, credible fear appeals are overwhelmingly denied. Nevertheless, those denied as well as the no-shows suffer no ill consequences, receiving the same asylum results as if their requests had been approved.

Mayorkas has illegally removed most noncriminal immigrant fugitives from ICE’s list, even though they may have final deportation orders. Instead, denied and no-show asylum petitioners are free among the general public with effectively no deportation chance. Refusing to deport denied asylum seekers flouts the law, renders meaningless judges’ decisions and obliterates ICE’s sworn mission to protect America and enforce immigration law.

To repeat the key takeaway: the U.S. Constitution grants Congress, not the Executive Branch, plenary authority over immigration. The Executive Branch must adhere to the laws that Congress passes. If the White House, the media, advocates and corporate elites wish to correct what they insist is a broken immigration system, the solution is to enforce existing laws.