Judges break the law to stop Trump from enforcing it

Daniel Horowitz discusses how federal courts are overstepping their authority by intervening in immigration matters, specifically concerning expedited removal procedures for illegal immigrants. It outlines the implications of such actions on the separation of powers between Congress and the judiciary.

1. Statutory Authority and Expedited Removal:

• Congress created expedited removal powers nearly 30 years ago to address immigration issues, specifically targeting those who cannot prove two years of continuous physical presence in the U. S.

• The Illegal Immigration Reform and Immigrant Responsibility Act prohibits federal courts from reviewing expedited removal orders, a measure intended to prevent litigation from obstructing immigration enforcement.

2. Judicial Intervention:

• Recently, federal judges have begun to review cases and block President Trump's use of expedited removal, despite lacking jurisdiction. This includes decisions from the U. S. Court of Appeals and lower courts that contradict statutory limits.

• A notable case, Make the Road New York v. Noem, challenges Trump’s policy to expand expedited removal to those apprehended nationwide.

3. Court vs. Congress:

• The judiciary’s actions conflict with Congress's intent and authority. Courts have misinterpreted their jurisdiction, leading to decisions that impede immigration enforcement.

• Justice Clarence Thomas's assertion highlights that when Congress removes jurisdiction from federal courts, it exercises a valid legislative power, reinforcing the separation of powers.

4. Consequences for Immigration Enforcement:

• Allowing judges to dictate immigration policy leads to a breakdown of the system, as most illegal entrants could exploit legal processes to avoid deportation.

• There is growing concern that judicial supremacy poses a threat to effective immigration enforcement if the executive branch bows to judicial orders that undermine its authority.

5. Response from the Executive Branch:

• The article emphasizes that the executive must act to uphold both its own authority and that of Congress, resisting judicial usurpation.

• Recent rulings have widened the scope of judicial influence over immigration, making it crucial for the executive to stand firm against these overreaches.

The piece argues that the increasing intervention of federal courts into immigration enforcement threatens the rule of law and the separation of powers. Urging Congress and the executive to assert their powers, it calls for a unified challenge against judicial overreach to ensure that immigration laws are enforced as intended. This situation necessitates a decisive response from the president to uphold congressional authority and prevent the judiciary from undermining immigration policies. 

https://www.theblaze.com/columns/opinion/judges-break-the-law-to-stop-trump-from-enforcing-it