Another rogue California judge makes stuff up


In this week’s episode of “Disorder in the Court,”
we discover yet another rogue federal judge who likes
to make up immigration law as he goes along ~



Last Tuesday, another extra-constitutional judge in California handed down another ludicrous ruling with regard to immigration law ~

Once again, the judiciary has attempted to shackle President Trump from making his own judgments about how to exercise his own power. The Supreme Court has reversed Judge Alsup’s outlandish rulings on DACA before. And it will do so again.


Briefly, Northern California district judge William Alsup declared that the Trump administration must keep Barack Obama’s executive-issued DACA (Deferred Action for Childhood Arrivals) program in place; “continue renewing work permits, visas, and Social Security cards for people who, pursuant to law, must be deported.”
wmAlsupWriting at National Review Online, law professor Josh Blackman does an excellent job of sorting out this debacle. Here’s some background ~

In 2012, the Obama administration announced an executive action known as DACA. This policy deferred the deportation of the so-called Dreamers — aliens who had entered the United States as minors but were not lawfully present — and granted them work authorization and other federal benefits. Two years later, the president once again turned to the pen and phone to create a similar deferred-action policy for the parents of U.S. citizens. DAPA, as this second program became known, was successfully challenged in court and never went into effect.
The Obama administration, by its best lights, determined that DAPA and DACA were lawful. (They weren’t. Because immigration law is the purview of Congress – not of the executive branch) The Trump administration reached the opposite conclusion, and moved to rescind both polices. In a normal world, that decision would have been the end of the matter. But in the Bizarro World we find ourselves in, a federal judge has now informed the Trump administration that it must keep DACA in effect.


Alsup’s ruling is in direct conflict with other judges on similar immigration cases. (A district judge in Texas – as well as the Fifth Circuit Court – not only said that Trump had the authority to eliminate DACA, they actually ruled that the executive branch is barred from implementing it.) Furthermore, to reach his outrageous decision, Judge Alsup had to blatantly ignore existing statues and case law. Specifically, as Daniel Horowitz points out ~


• Let’s put aside the fact that it is a settled, uninterrupted stream of case law that illegal aliens are considered as if they are outside the country and do not have standing to sue in court. This is why we have administrative immigration judges, given that aliens have no access to Article III courts.
• Let’s put aside the fact that 225(b)(2)(A) of the INA requires ICE agents to place all illegal aliens into removal proceedings, so how can a judge say a president must not only allow them to stay but offer them Social Security cards and steal the birthright of Americans?
• Let’s put aside the fact that a judge can’t use a president’s political comments on Twitter to decide law, as Judge Alsup did yesterday.
• Let’s put aside the fact that 8 U.S. Code §1201(h)(i) stipulates that even a legally issued visa does not “entitle any alien” to be “admitted [into] the United States” and that “T]he consular officer or the Secretary of State may at any time, in his discretion, revoke such visa or other documentation,” even issued pursuant to law, not just a phantom executive order.

The good news is, Blackman is confident that Judge Alsup’s decision will ultimately be overturned ~

The Trump administration is well within its power to uproot DACA.
The government has already announced it will appeal this ruling. While the Ninth Circuit is unlikely to provide any relief, the Supreme Court has already signaled its dissatisfaction with Judge Alsup’s rulings.


Still, it’s a very destructive game these leftists are playing. They deliberately disregard the law, basing their decisions on a desired outcome, on their own political preferences, not on the letter of the law. Even when they know without question that they’ll be overruled by a higher court. Why? Because they’re playing the long game. With each absurd ruling, progressives are working to push the goal markers further to the left. They’re abusing our court system, intentionally wasting time and money, deviously hoping to shift public opinion from right to left wrong, and undermining the Constitution itself.

San Fran’s lawless sanctuary
Rogue judge: “It’s illegal to ban illegal sanctuary cities”
What do you do when the JUDGE is the one breaking the law? ~ Oregon judge helped a DUI illegal alien escape!
Judge prevents Trump from reversing Obama DACA policy (Updated)

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