Consider the following injustice: the sheriff of the fourth largest county in the country, which is located just miles from the southern border, lacks standing to sue Obama for burdening his county with illegal immigration due to his unconstitutional amnesty programs. Yet, illegal aliens are granted standing to sue for a full array of rights paid for by the American taxpayer.

On July 24, Central California District Judge Dolly Gee essentially ruled that the federal government must release from detention all illegal aliens who come here with a minor child (Jenny L. Flores, et al. v. Jeh Johnson, et al.). Americans are forced to foot the bill for thousands of indigent illegal immigrants flooding the southern border who are now able to use our own court system against us. Despite the fact that 84% of family units from Central America that received a notice to appear before an immigration judge absconded and disappeared into the population, the court feels that none of them can be detained.

Just last week, an illegal alien from San Luis Obispo County, California failed to appear for his first court hearing after being charged with beating a two-year-old girl to near-death. So why was he released in the first place?

According to Cal Coast News, Chavez is a “Mexican national with an extensive criminal history that includes convictions for drug trafficking and assault with a deadly weapon.” After being deported once and returning to California to commit more crimes, Chavez was released from jail following his arrest for the heinous beating. Here was the sheriff’s explanation:

Following Chavez’s release, Sheriff Ian Parkinson said the law prohibits sheriffs from holding inmates on ICE detainers unless federal authorities issue warrants for them. Parkinson appeared on a Fox News broadcast last week in which the interviewer reported that Parkinson said he would have gotten sued by the ACLU had he honored the ICE detainer for Chavez.

Not only is this another example of Obama’s amnesty allowing yet another violent criminal alien to disappear into the population, it is a vivid illustration of how the court system is dismantling our immigration enforcement. The courts and their cohorts who represent illegal aliens pro bono are deterring law enforcement from detaining these violent criminals and are endangering the lives of all Americans.

So where are the bleeding hearts rushing to the defense of Americans? The refusal to detain, deport, and enforce is the most heartless policy of this administration. And with 350,000 known criminal aliens on the loose, the courts are determined to invalidate all efforts to maintain our sovereignty and protect the American people.

With this outrageous injustice fresh in your mind, note that the federal courts have already invalidated Arizona’s law denying bail to illegal aliens. Those who come here illegally have no constitutional rights and represent the consummate flight risk in our criminal justice system, yet the courts have ensured on multiple fronts that there is no recourse to detain violent criminal aliens.

At the same time, these courts denied Sheriff Joe Arpaio standing to sue Obama for his illegal implementation of DACA and DAPA. Last week, the D.C. Circuit Court of Appeals affirmed a lower court’s ruling that his grievances were speculative, thus denying him standing to fight Obama on the merits of the amnesty. A massive surge in illegal immigration for a border county is just a speculative grievance?

The same thing happened to a group of ICE agents who are being threatened with punishment if they enforce existing law instead of Obama’s illegal amnesty. In August 2012, 10 ICE officers, led by ICE Union president Chris Crane, filed suit in the U.S. District Court for the Northern District of Texas against the administration’s policies of suspending deportations against those illegals who would qualify for the Dream Act – a law the never passed Congress.

On April 4, 2013, Judge Reed O’Connor ruled that the Obama administration’s DACA program was in clear violation of Section 1225(b)(2)(A) of the INA, which requires ICE agents to place all illegal aliens into removal proceedings. However, he said the agents lacked standing for the lawsuit and referred them to an administrative court. After being ping-ponged back and forth between the administrative court and the 5th Circuit Court of Appeals, nobody wanted to grant these ICE agents standing to redress this immediate and profound grievance.

A number of figures in the conservative legal community have expressed concern about my idea of stripping courts of jurisdiction over immigration enforcement. They contend that we need the courts to help us against Obama. But it’s clear that the radical courts are a one-way street and a dead end for constitutionalists. Illegal aliens have standing to sue for rights, but law enforcement has no standing to block lawlessness. As Janice Rogers Brown wrote in her concurring opinion in the Arpiao case where she reluctantly accepts the precedent on standing issues, “if an elected Sheriff responsible for the security of a county with a population larger than twenty-one states cannot bring suit, individual litigants will find it even more difficult to bring similar challenges.” Cleary, the courts will never serve as an avenue for restoring our sovereignty.

Likewise, some conservatives have expressed doubt about closing the birthright citizenship loophole for illegal aliens out of fear that the courts will overturn any statutory fix. They contend that we should focus on other enforcement mechanisms. What they fail to understand is that if nothing is done about the courts, they will overturn many other enforcement laws.

Mark Levin sounded the alarm years ago on the courts dismantling immigration enforcement with his detailed analysis of Plyler v. Doe in his book Men in Black. In 1982, William Brennan and four other justices mandated taxpayer-funded education for those who come here illegally. The courts have never turned back since issuing this perverse judgment, yet conservatives have not heeded Levin’s warning and have refused to take up the cause of jurisdiction stripping.

Conservatives must remember that even if the most conservative candidate is elected president and every senator suddenly supports the enforcement bills sponsored by Jeff Sessions, none of it will matter if the courts are not stripped of their jurisdiction over immigration. A handful of unelected judges have the perceived power to overturn every state and federal immigration law at the behest of illegal aliens. And now we learn that the courts won’t even overturn Obama’s lawlessness at the behest of the very law enforcement agents tasked with executing these laws.

In Federalist 78, Alexander Hamilton wrote of the Judiciary, “It may truly be said to have neither FORCE nor WILL, but merely judgment.” Over two hundred years later, this same branch of government now has the force to side with foreign invaders and the will to deny our law enforcement officials their constitutional right to defend their own borders. (Re-posted with permission from the author, “Court Ruling on Immigration Endangers Americans Again” HERE)

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The Center for Immigration Studies (CIS) has published another blockbuster report on immigration numbers, and their analysis foreshadows a troubling trend of growing illegal immigration. Using the most up-to-date census data, they have uncovered a trend that has been lost from some of the traditional immigration-related data published by the Department of Homeland Security, which tends to lag behind the most recent trends.

To begin with, this report reaffirms the known reality of record high levels of immigration across the board and from Latin America, and the trend is only growing. Among the highlights of the report are the following:

The nation’s immigrant population has grown 4.1 million from the second quarter of 2011 to the second quarter of 2015, with roughly 2.1 million of the growth coming from Latin America, of which 1 million are from Mexico.

Over the past year alone (second quarter of 2014 through second quarter of 2015), the immigration population has grown by 1.7 million. Seventy-one percent of this growth has come from Latin America (1.2 million) and 44% (740,000) from Mexico alone.

Overall, there are 42.1 million immigrants in the country, 13.3% of the nation’s total population, which is the largest share in 105 years. As I noted in my immigration report in June, that trajectory is projected to explode. By 2060, the immigrant population will grow to 78.2 million – 18.8% of the total population.

Record Legal Immigration, Particularly from Latin America

First, this report demonstrates, once again, that the record high levels of legal immigration are continuing to spike. Moreover, the largest increases continue to be from the very countries that send us the most illegal immigrants. As the report’s authors, Steven Camarota and Karen Zeigler, note, an estimated eight out of 10 illegal immigrants are from Latin America. According to DHS, as of 2012, 59% were from Mexico alone.

Liberals and many faux conservative supporters of amnesty defend illegal immigration as a natural consequence of “a broken legal immigration system” where it is impossible to come here legally. The problem is that the period of illegal immigration has overlapped with the most protracted period of legal immigration expansion and has originated from the countries that have had a monopoly on our legal immigration. According to Pew, 50% of all immigrants since 1965 have come from Latin America – 29% from Mexico alone. What this new CIS report shows is that the trend has continued, and in fact, over the past year there has been a massive spike – with 44% of our entire growth in the immigrant population originating from just one country – Mexico – and 71% coming from Latin American overall.

If anything, it is clear that the liberal premise is antithetical to the reality – that the more we hand over the keys to immigration to a particular area, the more people will come through all available channels – both legal and illegal – to join their friends, families, and communities.

The Likely Resurgence of Illegal Immigration from Mexico

Camarota and Zeigler rightly concludes that “while the impact of illegal immigration is often the subject of intense national debate, the much larger flow of legal immigrants has seen almost no discussion, even though its impact on American society is much larger.”

However, there is another disturbing trend parsimoniously dealt with in this report that hints towards a new massive increase in illegal immigration both from Mexico and Central America over the past year. Apologists for open borders have long promoted the talking point that net migration from Mexico has gone down to zero since the Great Recession and that most of the new illegal immigration is only from Central America. It is now clear that this trend has completely reversed itself and it is incontrovertibly due, in part, to Obama’s policies and the national push for the Gang of 8 bill (promoted and cheered on by many presidential candidates) that sent the message to the world that if they come here now – either through the border or by overstaying a temporary visa – they are home free and will eventually reap the windfall of mass amnesty.

The presentation of the CIS immigration data by the inimitable Camarota is eye opening because it appears that the recent spike in immigration from Mexico is even more than indicated by the raw numbers counting green cards. The numbers that are typically cited throughout the web are 1 million immigrants overall per year and roughly 135,000-145,000 from Mexico alone – almost twice the second highest recipient country of U.S. green cards. These numbers come from the Department of Homeland Security, but the most recent year with full data is 2013.

Although these numbers are huge, the CIS report (using census data) reveals that there have been 1.7 million new immigrants over the past 12 months, 740,000 from Mexico alone – much higher than the 135,000 green cards granted to Mexican nationals the previous year (calendar year 2013). Camarota notes that the number of immigrants from Mexico grew 449,000 in just the first 6 months of 2015! How can this be?

Remember, the census numbers already account for the fact that a number of people have left or died (unlike the numbers from DHS that measure raw admissions and issuance of documents). Which means that if the net increase in immigration from Mexico was 740,000, the number of new arrivals could easily be 900,000-1,000,000. That trajectory appears to be growing even from last year based on the first half of 2015. Moreover, less than half of the 135,000 green cards for Mexican nationals (as well as the 1 million overall green cards) reflect new arrivals; they are adjustments of status for those already here on non-immigrant visas or other temporary legal categories.

Included in the survey are also student visas and work visas. For the most recent academic year, 14,779 student visas were granted to Mexican nationals. During fiscal year 2014, which already overlaps a few months with the year we are studying (July 2014-June 2015), roughly 140,000 H guest worker visas were given to Mexicans, the highest number on record. In totality, this should mean that if the number of immigrant and non-immigrant visas issued over the past 12 months held stable at the pretty consistent trend from the previous few years; roughly 215,000 new Mexican foreign nationals arrived in the country legally this past year.

How then does the census data indicate that there has been a 740,000 net increase in migration from Mexico in just 12 months, which would likely reflect a reality of up to 1 million new arrivals? There could have been a spike in more legal immigrants and guest workers (and we won’t know until DHS publishes the data in late 2016), but only within the margins because the existing trend is already close to the statutory caps.

Clearly, if the census data is anywhere close to being accurate, there has been a massive surge of illegal immigration from Mexico alone that has been covered up by the Administration and most media outlets. The complete suspension of enforcement and all of the sundry amnesties, particularly for relatives of the millions of Mexican American citizens and LPRs, has likely encouraged hundreds of thousands more to either cross the border or come here on tourist visas and disappear into the population. This seems to jive with reports of a new border surge this summer.

Of course, it’s hard to imagine that there were 600-800k illegal aliens from Mexico alone last year. As Camarota demonstrates in table 1 of his report, the margin of error in the CPS for Mexico is about ±200,000 (both the start date and end date), which could theoretically mean there are 400,000 fewer Mexican immigrants than indicated in the survey. Nonetheless, it’s very possible that upwards of 400,000-500,000 illegal aliens entered the country from Mexico.

Why this Matters

The reason this report is so important is that we have very little data from this administration that can be used to accurately measure the damage of his dismantlement of our immigration enforcement over the past two years. While we are painfully aware of the epidemic of 360,000 known criminal aliens roaming the streets, what is less evident is how many new illegal immigrants are arriving because of the public incentives that are being made to illegal aliens and their relatives.

The last year of full administrative data on legal immigration is 2013 and the last year of full data on illegal immigration is 2011. If there is a massive surge of illegal immigration – over and beyond the tidbits reported in the conservative media – we will not find out for quite some time.

At that point it will be too late to stop the flow and we will be entreated to the same sanctimonious arguments in favor of granting yet another wave of illegals rights that Americans enjoy. Armed with this report, it’s time for Congress to do some digging and add this as reason number 12 million to defund Obama’s amnesty, lest we be saddled with yet another endless wave of illegal immigration. (Re-posted with permission from the author, “New Report: Massive Immigration Surge From Mexico”, originally appeared HERE)

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