President Joe Biden is the illegal aliens’ best friend. He is asking Congress to provide a pathway to citizenship for the more than 11 million illegal aliens presently living in the United States. And to make the illegal aliens feel better about themselves, Biden is seeking a change in U.S. immigration laws to replace the phrase “illegal alien” with “noncitizen” to describe them.
Unless the Democrats eliminate the filibuster in the Senate, Biden is not likely to get his complete legislative package passed by Congress. “A mass amnesty with no safeguards and no strings attached is a nonstarter,” said Republican Senator Chuck Grassley.
However, Biden decided not to wait for Congress to act. He signed an executive order halting border wall construction. He also signed another executive order reversing the Trump administration’s “remain in Mexico” program for so-called asylum seekers waiting for U.S. hearings on their asylum pleas. “Remain in Mexico,” worked out with the cooperation of the Mexican government, was implemented as a practical solution to a vexing problem. It was designed as an alternative to either detaining the ostensible asylum-seekers in the United States until their amnesty applications could be heard by U.S. immigration judges or releasing them into communities across the country under the infamous “catch and release” policy of prior administrations. Biden’s executive order brings back the “catch and release” policy, endangering the safety of law-abiding Americans.
Open-borders President Joe Biden is creating through such executive orders and his pro-amnesty legislative agenda a super-strong magnet to pull many more illegal migrants into the United States.
Biden also signed an executive order that violates his presidential obligation under the Constitution to “take Care that the Laws be faithfully executed.” This order put in place a policy to unilaterally suspend removals of most illegal aliens for 100 days. It was a show of defiance against enforcing the immigration laws as written.
An advisory memorandum was issued by the Department of Homeland Security (DHS) on January 20th to guide the immigration agencies in carrying out Biden’s deportation suspension executive order. Couched dishonestly in the language of reprioritizing immigration law enforcement actions, the memorandum said that the immediate 100-day “pause on removals” would help “ensure we have a fair and effective immigration enforcement system focused on protecting national security, border security, and public safety.”
Biden’s 100-day “pause on removals” does precisely the opposite. Even illegal aliens who were convicted of serious felonies and were already ordered to be removed from this country following a full and fair hearing would stand to benefit from the removal suspension.
Fortunately, a federal judge in Texas said not so fast, in response to a complaint filed by the state of Texas. U.S. District Judge Drew Tipton had the good sense and fidelity to the law to issue a temporary restraining order on Tuesday, blocking for now the implementation of Biden’s removal suspension edict nationwide for 14 days. Judge Tipton said that the Biden administration had failed “to provide any concrete, reasonable justification for a 100-day pause on deportations.” That’s an understatement.
The Biden DHS memorandum was so far out in left field that it refused to use the words “illegal alien,” which appear more than 30 times in U.S. immigration laws that the DHS is supposed to enforce. As far as the Biden administration is concerned, “illegal alien” is already expunged from the statute books even without any congressional action. Instead, the Biden DHS memorandum used the term “noncitizens.”
The DHS memorandum’s instructions on pausing compulsory removals of illegal aliens (apologies to the enforcers of political correctness for using the legally correct phrase ) did contain a few narrow exceptions. The pause did not apply to suspected terrorists, spies or others deemed by U.S. Immigration and Customs Enforcement (ICE) to pose a danger to the national security of the United States. Also, individuals illegally in the country who were “not physically present in the United States before November 1, 2020” would be out of luck under the DHS memorandum’s implementation guidelines. And there could be some scattered cases where an individualized determination is made that removal is absolutely required by law. But public safety is given short shrift.
Biden’s executive order suspending removals, along with the implementing DHS memorandum, contained no pause exception addressing generally the class of illegal aliens still in the United States who have been convicted of violent aggravated felonies such as murder or rape. Even many of those dangerous criminals already subject to removal orders issued prior to Biden’s executive deportation suspension would have been entitled to protection from immediate removal.
Judge Tipton has come to the rescue at least for now, temporarily stopping Biden’s deportation suspension from taking immediate effect. Judge Tipton needs to go further and stick a fork in Biden’s reckless deportation suspension executive order for good, which the Supreme Court will hopefully uphold.