Trump’s ‘Nuclear’ Deportation Options

Authored by James Rickards via DailyReckoning.com,

The battle between the Trump administration and the federal courts on the topic of deportation is intensifying.

The outlines are clear. Biden and his corrupt cronies left the U.S. southern border wide open for four years. Estimates vary but it’s likely 8 million illegal aliens crossed the border. But the actual number could be 10 million or higher. Of course, some just came for a better opportunity, but many were murderers, terrorists, rapists, sex traffickers, Chinese spies and every sort of violent low life you can imagine.

It’s nearly impossible to find and deport 8 million people. Biden made sure of that by ignoring the procedures for tracking and documenting the alien invasion. Trump’s policy of “remain in Mexico” while immigration cases were pending was abandoned by Biden. Many of the illegals got court dates, but those were scheduled years in advance. The expectation was that the court notices would be thrown in the trash, the illegals would not show up in court, and no enforcement action would be conducted.

Trump has launched a major deportation effort despite these handicaps. In any situation where you can accomplish part of the task but not all, the first move is to prioritize elements so you can devote resources to the best effect. Trump has done that also. He has prioritized the worst of the worst – criminals and terrorists – for early deportation. That reduces crime and violence in the U.S. and gives Immigration and Customs Enforcement (ICE) a chance to hone their techniques for the larger task ahead.

The New Obstacle – The Courts

Now, Trump has encountered a new obstacle. It’s not the illegals, the Democrats or the media. It’s the federal court system, especially rogue district court judges appointed by Biden and Obama. To be clear, the rogue judges don’t work in a vacuum. The plaintiffs are hand selected to create sympathy in the media (although there’s little sympathetic about a rapist) and are represented in court by lawyers backed by well-funded NGOs and activist organizations.

It’s not as if the illegals have the resources to appeal cases to the Supreme Court on their own. They don’t need them. From Soros on down, the fight against deportation is well-funded and skillfully lawyered. The lawyers present everything the judges need to tear down Trump’s agenda.

There are hundreds of cases involving thousands and potentially millions of illegal aliens now pending in the courts. Trump has been losing most of these cases at the district court level, but it’s reasonable to expect some success at the circuit court and Supreme Court levels. But that takes time.

Rather than review the docket case-by-case and issue-by-issue, it may be useful to step back and look at the forest instead of the individual trees. The radical neo-Marxist lawyers don’t care about the individual defendants. They don’t care about blocking individual deportations. They don’t even care about the law. What’s going on is far more pernicious and damaging to Trump and the country.

There’s a lot of talk about the Constitution, but a pure illegal does not have full constitutional rights. The courts have afforded them some limited rights such as freedom from torture and freedom of religion. The difficulty with the pending Trump deportation cases is that radical lawyers are concocting status arguments that allow the illegals to upgrade their status.

The Goal Is Not Justice – It’s Delay

This legal upgrade can be based on asylum claims, pending immigration court dates, and some blanket grants for temporary residence. Some illegals are married to legals, etc. Once you’re in one or more of those categories as a plaintiff, you receive more rights including due process and habeas corpus, even if not full constitutional rights.Alexjandro Mayorkas knew what he was doing when he opened the border under Biden. He wanted the illegals to have a one-way ticket and made it extremely difficult to deport any.

Here’s the point. What the left is trying to do is to create a set of rulings that will force Trump to litigate every single case. No mass deportations. No deals with foreign countries to take plane loads of illegals for incarceration in local prisons. Instead, each case will be heard individually. Each claim will be raised in a separate proceeding. Each due process argument will be heard in a separate trial.

This approach will do more than delay deportations. It will jam the court dockets. It will overwhelm the judicial branch. It will prevent the smooth functioning of a range of government functions.

Now imagine this technique expanded beyond deportation. You can apply this court-jamming massive litigation approach to the closing of government agencies, the termination of government employees, the cuts in government spending and the entire Trump agenda. Don’t just litigate. Grind the entire system to a halt. That’s the plan.

Do individual legal victories in certain cases help Trump? Not necessarily. The activist lawyers and their armies of illegals just file a new lawsuit in a different jurisdiction with slightly varied facts and start the process all over again. Is there any end to it?

Three Solutions To The Problem

One is for the Supreme Court to issue a definitive ruling that district courts cannot issue nationwide injunctions, can only issue orders for the plaintiffs in the case and not the entire class of illegals, and that the courts have almost no jurisdiction over the conduct of foreign policy. Those rulings would empower Trump’s deportation programs.

The second way is for Trump to ignore the courts and proceed as planned. Critics will scream this is “unconstitutional”, but it’s just as unconstitutional for courts to ignore their limitations and intrude on the power of the executive branch. It’s an outcome the courts will have brought upon themselves.

The third way is to abolish the district courts, or at least some of them. That’s not as radical as it sounds. The Constitution clearly gives Congress the power to structure the court system any way it likes with the exception of the Supreme Court. Congress created the district courts and Congress can abolish them as well.

If one of those three paths is not taken, then the left wins. In that case, the country loses. We already have four Supreme Court votes to support Trump’s program (Alito, Thomas, Gorsuch and Kavanaugh). It only takes one more vote to win. Roberts and Barrett are the two swing votes. Let’s hope they lean the right way when the crucial case arrives.