Saturday, August 24, 2019

Judge Whose Sister Heads La Raza Rules 130-Year Law Against Encouraging Illegal Immigrants Is Unconstitutional

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Imagine if Alexandria Ocasio-Cortez or Rashida Tlaib got to single-handedly veto sovereignty legislation dating back to the 1880s just like a president could veto a new bill passed by Congress this session. Imagine if they could unilaterally abolish ICE and declare open borders, except, unlike a president, they wouldn’t have to stand for re-election. Well, that is exactly the situation this week with a single federal judge. Thanks to Republicans agreeing to the notion that judges – even lower court judges – have direct veto power over legislation, a foundational immigration law has just been “vetoed.”
KCUR-FM reports that on Wednesday, Judge Carlos Murguia of the U.S. District Court of Kansas ruled, based on a Ninth Circuit opinion, that 8 U.S.C. §1324, the law prohibiting someone from “encouraging” or “inducing” illegal immigration, is an unconstitutional infringement upon the First Amendment. In doing so, Murguia vacated the convictions of two illegal aliens, Jose Felipe Hernandez-Calvillo and Mauro Papalotzi, who were convicted in August 2018 by a jury for conspiring to encourage illegal aliens to remain here through employment at a drywall company in Lawrence, Kansas. Four others were originally indicted by a grand jury in 2015.
This law has been on the books in some form for over 130 years, and numerous federal courts have upheld convictions based on §1324. Yet one judge, who worked for an open-borders group named El Centro Inc. and whose sister Janet Murguia is president of La Raza (now called UnidosUS), suddenly thinks conspiring to harbor and encourage illegal immigration violates the First Amendment. Carlos’ sister Mary (who is an identical twin to Janet) is a federal judge on the very Ninth Circuit Court from which he drew this opinion. Judge Mary Murguia once recused herself from a trial involving pro-enforcement Sheriff Joe Arpaio because of her sister’s leadership of La Raza. Carlos should have done the same thing this week in this case, which involves a law that directly conflicts with the work with the open-borders groups his family is associated with.
Rather than rule based on the law, he decided to adopt the ruling of the Ninth Circuit (which doesn’t have jurisdiction in Kansas), which ruled last December that §1324 is “unconstitutionally overbroad” because it “criminalizes a substantial amount of protected expression.” “The court adopts (the 9th Circuit’s) analysis in full and agrees that (the law) on its face is overbroad under the First Amendment,” said Murguia in a brief bench ruling first reported by KCUR-FM.
This assertion is ridiculous, because the law clearly refers to engaging in subversive and fraudulent activities to encourage or enable actual individual aliens to remain in the country, not mere political advocacy for liberal immigration policies in the abstract. It’s like saying that someone who hates high taxes or gun control laws and advocates against them is the same as a person who actively assists tax cheats and gun felons in achieving the end goal of the criminalized behavior.
Read the rest from Daniel Horowitz HERE.

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1 comment:

Dan T said...

Way past time these Judges are held accountable for their treasonous rulings ... also past time for formation of Vigilante Patriot Teams to silence these treasonous judges ( and lawyers ).
Judges no more than lawyers in disguise.