Where Does the Constitution Say That California Judges Control Our Border Policy?

How much longer will we allow the inmates to run the asylum?

The Supreme Court only heard 60 cases last year. Meanwhile, the lower courts heard tens of thousands of cases, and their dockets are full of every political issue under the sun. If we are going to agree as a society that the judiciary now controls every political issue, including issues fundamental to our sovereignty, foreign policy, and national security, that essentially means that foreign invaders and smugglers and cartels control our destiny, regardless of who we elect as president or to Congress. Why? Because of California judges.

Late yesterday, Richard Seeborg, an Obama-appointed federal judge in the Northern District of California, issued a nationwide injunction on the administration’s pilot program for processing credible fear claims in Mexico, known as Migration Protection Protocols.

Rather than categorically suspending immigration requests at the border, the DHS issued a regulation in December to continue such claims but to have some of the illegal aliens wait in Mexico pending the outcome of the proceedings. As I’ve noted, statute is clear that the same way the president can suspend all entry, he can place partial restrictions or conditions on such entry, a point made by Chief Justice John Roberts himself last year in Trump v. Hawaii. But lower courts are always able to write orders more liberal than recent Supreme Court precedent.

Judges cannot empower foreign nationals to sue for a right to enter

The judicial power vested in a judge allows him to grant injunctive relief to an American seeking protection from a regulatory burden or criminal prosecution. Thus a judge can say he will not agree to punish a winning plaintiff even if an executive policy or legislative statute required it. That is judicial review.

A judge, however, has no such power to “issue an injunction” to enable foreign nationals to come into our country without permission of the president. This judge’s ruling is as valid as an injunction placed by me on an administrative policy. Courts simply lack such power and have no power to enforce these political musings, exactly as Alexander Hamilton had in mind when discussing the lack of concern for judicial power grabs.

It’s amusing to watch people treat Wong Kim Ark, the birthright citizenship Supreme Court case, as sacred (even though it explicitly bars illegal aliens from birthright citizenship), yet they never heed the words of its author, Justice Horace Gray, in an opinion six years earlier:

It is not within the province of the judiciary to order that foreigners who have never been naturalized, nor acquired any domicile or residence within the United States, nor even been admitted into the country pursuant to law, shall be permitted to enter, in opposition to the constitutional and lawful measures of the legislative and executive branches of the national government. As to such persons, the decisions of executive or administrative officers, acting within powers expressly conferred by Congress, are due process of law. Nishimura Ekiu v. United States, 1892.

This is not just ancient history. The high court said the same thing even in 1982, after we passed all of our current immigration statutes. “An alien seeking initial admission to the United States requests a privilege and has no constitutional rights regarding his application.” Landon v. Plasencia, 1982.

In his new ruling, Judge Seeborg noted, “To be clear, the issue in this case is not whether it would be permissible for Congress to authorize DHS to return aliens to Mexico pending final determinations as to their admissibility.” That, of course, is a political question “for the political branches of government to make, implement, and enforce,” concedes this confused judge. However, he then proceeds to use the time-tested trick of saying he doesn’t like how Trump did it.

Additionally, sensing the tenuous case of a district judge issuing an injunction outside of the case and outside his geographic jurisdiction, Seeborg said that “defendants have not shown the injunction in this case can be limited geographically. This is not a case implicating local concerns or values.” Thus, because he feels it’s not feasible to follow the Constitution and actually issue judgment only to plaintiffs, this wayward judge simply violates the separation of powers.

He justifies the practice particularly for immigration because courts have “consistently recognized the authority of district courts to enjoin unlawful policies on a universal basis.” But he never cites a Supreme Court opinion and only cites Ninth Circuit cases that are brand-new! Thus, judges violate rules of standing and precedent for getting involved in border matters, and then, once they do so a few times unchallenged by this administration a few times, they cite similar modern judges as precedent!

Of course, nowhere in this opinion does the judge even address the emphatic language of 212(f) and 215(a) of the INA granting the president unlimited authority to do this in the plainest language. Nowhere does the judge cite Trump v. Hawaii or Sale (1993), in which the Supreme Court said 180 degrees the opposite. In fact, the judge cites the Ninth Circuit case that the Supreme Court reversed!

California judges and drug cartels control our sovereignty

Are we resigned to a destiny where cartels can determine who comes into the country and have California judges override the law? If a single progressive judge is vested with the power to override sovereignty and law, even when the Supreme Court just said the opposite, then there is no representative republic left.

Here’s a partial list of California judges ruling over the most sensitive national and even international issues:

Dolly Gee of the Central District of California, among many other radical opinions overturned by SCOTUS over the years, said the administration must release all children after 20 days, even though the Flores settlement is outdated and statute downright requires the opposite.

Dana Sabraw of the Southern District of California said that parents must be released with children too, thereby ruling on a political argument of the media’s virtue-signaling, when laws were not only written but updated in 1996 to explicitly close this loophole.

Judge William Alsup of the Northern District of California ruled that Obama’s amnesty must remain for now, in violation of every immigration law on the books.

Judge Jon Tigar of the Northern District of California, just like Seeborg, ruled that the administration can’t make a simple commonsense regulation of driving credible fear claims to points of entry, even though 215(a) of the INA states that “it shall be unlawful for any alien to depart from or enter or attempt to depart from or enter the United States except under such reasonable rules, regulations, and orders, and subject to such limitations and exceptions as the President may prescribe.”

Judge Edward Chen of the Northern District of California ruled that Temporary Protected Status, rather than being temporary and discretionary, is permanent and mandatory for Trump because he supposedly has “animus against non-white, non-European immigrants in violation of Equal Protection guaranteed by the Constitution.” This after the Supreme Court said explicitly that such political statements cannot be used and after Congress barred the courts from hearing this very case!

The president has powers over entry into the country without judicial review

Seeborg and Tigar sit on the U.S. District Court for the Northern District of California. This is the very court that said in 1996 that the “exclusion of aliens is a fundamental act of sovereignty” and that “the right to do so stems not alone from legislative power but is inherent in the executive power to control the foreign affairs of the nation. (Encuentro del Canto Popular v. Christopher, N.D. Cal. 1996).

Indeed, Congress has historically granted the executive branch broad latitude to defend sovereignty, more than on any other issue. As immigration historian Peter H. Schuck wrote in his scholarly book, Citizens, Strangers, and In-Betweens:

Congress has chosen to confer exceedingly broad discretion over the most far-reaching immigration decisions not merely to the executive branch, but to a cabinet official. … In the face of broad, express congressional delegations of authority to the president in the area of external relations, judicial power is the most problematic and the President’s authority, in Justice Jackson’s words, “is at its maximum.” There, “[he may] be said to personify the federal sovereignty.

Can a judge now “strike down” the administration’s Middle East peace plan? Can a judge “strike down” our military involvement in Afghanistan? Can a judge start issuing visas? Can a judge give standing to Iranians to “strike down” Trump’s termination of the Iran deal? This is exactly why the Supreme Court said in Mathews v. Diaz (1976), that “decisions in these matters [immigration] may implicate our relations with foreign powers” and therefore, these “decisions are frequently of a character more appropriate to either the Legislature or the Executive than to the Judiciary.”

The court further punctuated this point in Kleindienst v. Mandel, (1972):

In accord with ancient principles of the international law of nation-states, … the power to exclude aliens is inherent in sovereignty, necessary for maintaining normal international relations and defending the country against foreign encroachments and dangers — a power to be exercised exclusively by the political branches of government.

But none of these California judges even recognize this foundational principle. At some point, it is the fault of the other branches of government for going along with this toothless charade.

The Freedom Caucus would be wise to begin making impeachment great again by impeaching Richard Seeborg and these other California judges. This is the same judge who recently said that administration cannot simply ask a citizenship question on the Census, which is the entire foundation of our Census and was a question that was asked from our Founding until the 1950s. It’s time to make one of these judges famous, and there’s nobody better to start with than Seeborg.

We are at a crossroads in our nation. Either we have three branches of government, or we have one branch of government, with the most liberal of the 94 district courts controlling every aspect of our country. Seeborg did put the injunction on hold until Friday. The administration should make it clear to the Supreme Court in an emergency appeal that if the high court does not police its own quite inferior branch and enforce its own long-standing precedent on the sovereignty of the nation, the separate and more powerful executive branch of government most certainly will. (For more from the author of “Where Does the Constitution Say That California Judges Control Our Border Policy?” please click HERE)

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Shocker: Liberals Make HUGE Admission About Trump Tax Cuts

President Donald Trump is shaking up the Department of Homeland Security. DHS Secretary Kirstjen Nielsen has been fired. U.S. Customs and Border Patrol Commissioner Kevin McAleenan is taking over the department. But we still have a border crisis. And even left-wing Looney Tunes, like Bernie Sanders, aren’t into the whole open borders idea. Yet, while DHS is being shaken up, Rep. Ilhan Omar (D-MN) has decided to pick a fight with the Trump White House, attacking top adviser Stephen Miller, who reportedly is behind this retooling at the department, for being a “white nationalist.” Miller is Jewish, so that just doesn’t make sense. Yes, the Left can engage in linguistic gymnastics, it still doesn’t negate or minimize that this line of attack is straight trash and pure idiocy. Also, given Miller’s religious background and Omar being an alleged anti-Semite, it’s no shocker that she’s found another Jewish person to attack. . .

Concerning dispatches from the liberal bubble, liberals are now openly admitting to misinforming Americans about the Trump tax cuts, in which 80-90 percent of Americans received tax relief. Even Bernie Sanders admitted this, and this will remain for the next decade. Vox’s Matt Yglesias wrote, “Nobody likes to give themselves credit for this kind of messaging success, but progressive groups did a really good job of convincing people that Trump raised their taxes when the facts say a clear majority got a tax cut.”

Storm sees China as a threat. They have a massive army, nuclear weapons, and a monstrous economy. Yes, they’re challenging the United States. This has been going on for quite some time, though this falls by the wayside due to the amount of Russia hysteria we’ve endured for the past two years. Now, there’s a fear that they could tap into the many underwater cables that provide cross-continental Internet to spy on American data and voice traffic. He explains more in the episode. (Read more from “Shocker: Liberals Make HUGE Admission About Trump Tax Cuts” HERE)

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Lone Star State Moves Closer to Increasing Armed Personnel in Schools

For months after the Santa Fe shooting, many in both Texas state electoral politics and the Texas political commentariat class debated what might be done in the Lone Star State to deter would-be school shooters. Last month, The Texas Tribune reported on numerous school safety bills that are wending their way through the state legislature in the current session. Notably missing from the lawmakers’ legislative agenda was gun control itself. . .

Now, also according to The Texas Tribune, the Texas Senate has followed through and passed a bill that “would remove a cap on the number of school personnel that can carry firearms at schools.” More from The Tribune:

In the first legislative session after a deadly shooting at Santa Fe High School that left 10 dead and 13 others wounded, the Texas Senate on Monday advanced a bill that would abolish the limit on how many trained school employees — known as school marshals — can carry guns on campus.

Under the marshal program, school personnel whose identities are kept secret from all but a few local officials, are trained to act as armed peace officers in the absence of law enforcement. Currently, schools that participate in the program can only designate one marshal per 200 student or one marshal per building.

“School districts need to be able to tailor the school marshal program for their unique needs,” State Sen. Brandon Creighton, a Conroe Republican who authored Senate Bill 244, said about the legislation last week. “SB 244 removes those limitations in statute on the school marshal program to accommodate the unique needs of districts across the state …”

(Read more from “Lone Star State Moves Closer to Increasing Armed Personnel in Schools” HERE)

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Ilhan Omar Trivializes 9/11 Terrorist Attacks

Rep. Ilhan Omar (D-MN) trivialized the deadliest terrorist attack in U.S. history in a recent speech she gave at an event for the Council on American-Islamic Relations (CAIR) — which the United Arab Emirates has designated as a terrorist organization.

When speaking about the 9/11 terror attacks, which killed approximately 3,000 American citizens, Omar described the attacks as “some people did something.”

“CAIR was founded after 9/11 because they recognized that some people did something, and that all of us were starting to lose access to our civil liberties,” Omar said.

Omar was met by hundreds of protesters when she attended the March event in Los Angeles who expressed strong disapproval of her use of anti-Semitic tropes and promotion of anti-Semitic conspiracy theories.

Omar responded to the “very interesting” pro-Israel demonstrators by saying: “I don’t think any of them realize that people like myself and many of the people in this room could care less about what they have to say.”

(Read more from “Ilhan Omar Trivializes 9/11 Terrorist Attacks” HERE)

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Trump Approval Hits High Not Reached Since Mueller Probe Began

As Attorney General William Barr works with the special counsel’s team to finalize redactions on the “Russia collusion” report — which “did not establish that members of the Trump Campaign conspired or coordinated with the Russian government in its election interference activities” — President Trump’s approval number in Rasmussen’s daily tracking poll has reached a high the president hasn’t enjoyed for over two years, before the Trump-Russia probe was first authorized.

Rasmussen reported Tuesday that their daily tracking poll found Trump at +8% in approval and holding a 1-point edge among those who feel “strongly” one way or the other.

“The Rasmussen Reports daily Presidential Tracking Poll for Tuesday shows that 53% of Likely U.S. Voters approve of President Trump’s job performance. Forty-five percent (45%) disapprove,” the pollster reports. “The latest figures include 37% who Strongly Approve of the job Trump is doing and 36% who Strongly Disapprove. This gives him a Presidential Approval Index rating of +1.”

So how does that compare to Trump’s overall performance? It’s the best approval he’s experienced in Rasmussen’s poll since March 3 of 2017, when he likewise earned 53% approval, but performed less well in disapproval (47%). At that point, the president was likewise at +1 in the poll’s Approval Index rating. . .

Since being sworn into office on January 20, 2017, Trump’s highest approval he has ever achieved in Rasmussen’s daily tracking poll is 59%, a mark he hit six days after his inauguration. With just 31% disapproving, Trump was +28% in approval and +13% in the poll’s Approval Index rating (44% strongly approving, 31% strongly disapproving). But within just a few weeks, the newly sworn-in president’s approval was hovering in the low-50s; by the end of March, Trump’s approval had sunk to the low-40s, where it remained for most of the next year. (Read more from “Trump Approval Hits High Not Reached Since Mueller Probe Began” HERE)

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Trump Goes After Rep. Omar After Her Criticism of Stephen Miller

President Donald Trump on Tuesday accused Rep. Ilhan Omar of targeting Jews after she called one of the president’s top aides, Stephen Miller, a white nationalist.

“‘What’s completely unacceptable is for Congesswoman [sic] Omar to target Jews, in this case Stephen Miller.’ Jeff Ballabon, B2 Strategic, CEO. @Varneyco,” Trump tweeted, referencing a segment on Fox Business Network.

Omar on Monday afternoon labeled Miller, known for pushing hard-line immigration and border security policies, a “white nationalist.” Miller, who is Jewish, has reportedly grown increasingly influential on immigration issues in recent days, including the purge of top Department of Homeland Security officials.

The Minnesota congresswoman has come under fire for controversial remarks she made about Israel and has been publicly rebuked by members of both parties for rhetoric panned as anti-Semitic. (Read more from “Trump Goes After Rep. Omar After Her Criticism of Stephen Miller” HERE)

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Is It Finally the Time? Trump Inches Closer to Openly Defying a Judicial Order.

By Daily Wire. On Monday, Judge Richard Seeborg of the U.S. District Court for the Northern District of California ruled against President Donald Trump’s “wait-in-Mexico” policy for prospective asylum-seekers arriving at our beleaguered southern border. The Washington Times reports:

A federal judge ordered the Trump administration to stop its new policy of sending asylum-seekers who jumped the border back to Mexico to wait while their cases proceed, ruling Monday that the plan was likely illegal.

Known informally as the “wait-in-Mexico policy,” and officially as the Migrant Protection Protocols, the plan was a major part of the administration’s moves to try to stem the flow of immigrants crossing into the U.S. illegally.

Judge Richard Seeborg, an Obama appointee to the bench, said not only does the policy violate immigration law, but Mexico is so dangerous that making asylum-seekers wait there — even if they’re not from Mexico — is untenable.

It seems like the president has perhaps finally had enough. On Monday, CNN reported that Trump seems to be telegraphing to — if not outright instructing — executive branch subordinates to willfully defy a rogue judicial diktat that contravenes the nation’s protection of its security and sovereignty.

(Read more from “Is It Finally the Time? Trump Inches Closer to Openly Defying a Judicial Order.” HERE)

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Judge Blocks Trump Administration Policy of Returning Asylum Seekers to Mexico

By NBC News. A federal judge in California issued an order Monday blocking the Trump administration’s policy of returning some asylum-seekers to Mexico while they wait for a court appearance.

U.S. District Court Judge Richard Seeborg’s nationwide ruling will not go into effect until Friday, to give the administration time to appeal.

Outgoing Homeland Security chief Kirstjen Nielsen announced the launch of the Migrant Protection Protocols in San Diego, the country’s busiest border crossing, in January. Under the policy, Customs and Border Protection officers and agents have the authority to turn around asylum-seekers crossing in the San Diego and El Paso sectors. Families seeking asylum had previously been allowed to stay in the United States while awaiting their court hearings.

A lawsuit filed on behalf of 11 asylum-seekers from Central America had argued that being sent back across the border could expose them to “undue risk to their lives or freedom.” (Read more from “Judge Blocks Trump Administration Policy of Returning Asylum Seekers to Mexico” HERE)

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Nancy Pelosi Takes a Shot at Ocasio-Cortez — Here’s What She Said

By The Blaze. House Speaker took a jab at Rep. Alexandria Ocasio-Cortez (D-N.Y.) and her popularity on social media and elsewhere in an interview published Monday.

The powerful Democratic leader mocked the upstart Socialist Democrat by making reference to her social media following, which is expansive.

“While there are people who have a large number of Twitter followers,” Pelosi said to USA Today, “what’s important is that we have large numbers of votes on the floor of the House.” (Read more from “Nancy Pelosi Takes a Shot at Ocasio-Cortez — Here’s What She Said” HERE)

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Nancy Pelosi on Dems, Trump Administration

By USA Today. Democrats in competitive districts run as far as they can from the socialist label. They want to focus on what they campaigned on: lowering health care costs, bolstering infrastructure and spurring jobs growth. They are willing to work with Republicans. Rep. Josh Gottheimer, D-N.J., who co-chairs the bipartisan Problem Solvers Caucus, said that in divided government, “the key is actually moving the ball forward, which requires us working with both sides.”

Pelosi is trying to bridge those viewpoints. In a nod to each wing of the party, she said Democrats should fight for the “boldest common denominator.”

“While there are people who have a large number of Twitter followers, what’s important is that we have large numbers of votes on the floor of the House,” Pelosi said. Ocasio-Cortez has almost 4 million followers on Twitter.

When USA TODAY asked how more liberal members responded when she told them they needed legislation that could pass, she responded, “They’re fine.” (Read more from “Nancy Pelosi on Dems, Trump Administration” HERE)

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Spending Now 13.7 Percent Higher Than During Obama’s Last Year

A strong economy is one key to debt reduction, but spending restraint is a necessary component that must be vigorously pursued.”

Those are the words of the GOP platform adopted at the 2016 convention. Nearly three years later, following two years of GOP trifecta control of the House, Senate, and White House, spending for the first six months of this fiscal year is 13.7 percent higher than during Obama’s final year. Despite the best job market in decades, the debt under GOP control has surged even higher than under Obama, putting to rest the notion that a good economy can grow its way out of a spending binge this deep. Excessive government spending inhibits economic growth.

On Friday, the Congressional Budget Office (CBO) released its monthly budget review for March, which also tallied the spending and debt figures for the first half of fiscal year 2019. Despite a one percent increase in revenue, the deficit for just the first six months of this fiscal year is $693 billion, $94 billion more than this time last year. That is because spending has increased by five percent over last year.

In just the first half of the year, our government has spent $2.2 trillion, 13.7 percent more than the first half of FY 2016, the final year of Obama’s presidency, when Republicans were railing against the unconscionable rise in debt. The gross national debt is now $2.6 trillion higher than when the GOP drafted its new platform. More importantly, roughly 86 percent of that $2.6 trillion increase is composed of the public debt, not the so-called intra-governmental debt from Social Security (the money we “owe ourselves”).

While corporate tax revenue was down due to the tax cuts, payroll tax revenue rose by 4.7 percent, which more than offset than loss of revenue from corporate and individual income taxes. This lends credence to the notion that the tax cuts helped fuel job gains, resulting in higher payroll tax revenue, even as income tax rates dropped. Lower taxes and more people working should be a recipe for debt reduction. But spending has increased at such a quick pace that even record revenue fails to even slow down the deficit.

The fastest-growing expenditure is ironically the interest on the debt itself, which rose 13 percent over this time last year.

The increase in interest and debt might also be the culprit behind the relatively modest economic gains compared to the roaring job market. GDP growth seems to be hovering just below three percent and is not climbing to four percent. There are also numerous signs that the economy is slowing, as the Federal Reserve is warning.

As interest rates are pushed higher, more private money is used to purchase higher-interest Treasury securities rather than invest in capital goods, such as factories and plants. The more government is desperate to service this debt, the more it will drive up interest rates, which in turn will divert and misallocate more investors into Treasury bonds. This further makes interest on the debt even more expensive, constantly reinforcing itself in a vicious cycle of debt and higher rates.

In absolutely dollars, $2.2 trillion is the most we’ve ever spent for the first six months of a fiscal year, and adjusted for inflation, it is roughly on par with what we spent during the first six months of 2009. That was at the pit of the Great Recession and included Obama’s massive spending binge, unemployment benefits, and a surge in welfare spending. It’s truly unprecedented to be racking up such high levels of spending and debt during a period of 3.8 percent unemployment.

The unemployment rate has been below four percent for a full year and below five percent for three years. The only comparable periods of such low unemployment were during the late 1990s and late 1960s. During the late 1960s, there were years of growth over six percent. Likewise, from 1997 to 2000, our economy experienced four percent growth or higher during four consecutive years. We have not experienced four percent growth since 2000 or three percent growth for a full calendar year since 2005, although we just barely missed it in 2018.

Clearly, the misallocation of resources to service debt and the market distortions inherent in the government programs supported by that debt serve as an albatross of dead weight on our economy. It’s why it is likely we will never experience four percent annual growth so long as the debt and market distortions remain in place. We no longer have a free market economy, even during periods of relative prosperity.

In 2016, the Republican platform stated, “Our national debt is a burden on our economy and families” and that Obama’s spending binge “has placed a significant burden on future generations.” It promised to “impose firm caps on future debt, accelerate the repayment of the trillions we now owe in order to reaffirm our principles of responsible and limited government, and remove the burdens we are placing on future generations.”

Truer words never spoken. Falser actions never taken. (For more from the author of “Spending Now 13.7 Percent Higher Than During Obama’s Last Year” HERE)

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Ilhan Omar Launches Attack on White House Senior Adviser

Rep. Ilhan Omar (D-MN) claimed Monday evening that Jewish White House senior adviser Stephen Miller is a white nationalist.

Omar’s tweet linked to a story from Splinter News, which noted a CNN report that Miller requested President Trump to withdraw his nomination of Ron Vitiello to head Immigration and Customs Enforcement.

Omar has repeatedly used antisemitic language to describe pro-Israel Americans, accusing them of having “allegiance to a foreign country,” and claiming that pro-Israel members of Congress are bribed by lobbyists.

A top Democrat strategist with ties to many 2020 presidential campaigns told Breitbart News that it is “bonkers” to assert that wanting to put Americans first on immigration is somehow “white nationalist.” (Read more from “Ilhan Omar Launches Attack on White House Senior Adviser” HERE)

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