Attorney General Barr threatened to file lawsuits against governors overstepping their power to infringe upon civil liberties, yet the only lawsuits that are succeeding are the ones from illegal aliens. Suddenly, when it comes to those with no right to be in our communities, the courts are all-powerful and the executives are weak. In fact, the president really has the power to deport illegal aliens and prevent them from being released into our communities.
Late on Thursday, U.S. District Judge Marcia G. Cooke in Miami became the latest federal judge to illegally mandate that ICE release “vulnerable” populations in detention facilities. She charged that ICE acted with “deliberate indifference” and engaged in what amounts to “cruel and unusual punishment” against illegal aliens by not releasing them during the coronavirus epidemic.
Therefore, Cooke ordered ICE to submit twice-weekly reports on the status of the detainees and who is being released. She also ordered that ICE shall immediately provide masks to all detainees and replace them once a week.
Well, I don’t have masks – maybe I can get a judge to order them for me too?
There’s one ingredient missing here, and it sheds light both on the morality of detaining illegal aliens during this epidemic and the legality of a judge ordering them released into our communities rather than released to their home countries. These people are in detention of their own volition. They broke into our country and can always voluntarily depart. The only reason they are being held is because they are the ones resisting repatriation and are trying to litigate their way into the country. That is their choice. If they want to do so during an epidemic they must wait in detention. If they are truly concerned about dying of the virus – enough to file a lawsuit – then they should ask for voluntary departure.
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This is an illegal ruling. 8 U.S.C. §1226(e) states plainly that these decisions are not subject to judicial review: “The [AG’s] discretionary judgment regarding the application of this section shall not be subject to review. No court may set aside any action or decision by the [AG] under this section regarding the detention or release of any alien or the grant, revocation, or denial of bond or parole.”
Indeed, ICE lawyers as well as the magistrate judge originally hearing the case under Judge Marcia Cooke agreed there is no authority to adjudicate this case.
Now, an illegal ruling can potentially lead to the release of another 1,200 into our communities, but only if the administration lets it happen.
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