What seems like more legal trickery by the Obama DOJ to help illegal aliens stay in the country indefinitely has just been remedied.
Attorney General Jeff Sessions issued a directive to immigration judges Thursday that dictates they can no longer deter deportation cases onto permanent wait lists and leave illegal aliens free to roam around the United States.
The wait list had become a favorite maneuver of the Obama administration to protect illegals from being deported.
Instead of trying those cases Obama government attorneys would propose administrative closure by moving more than 200,000 cases to the suspension list where they would become a de facto amnesty. And the judges were only more than happy to grant the Obama administration’s wishes.
Using Attorney General powers Session ruled on Thursday that the policy didn’t make sense on legal grounds, and he issued a precedent telling judges to rule on the cases in front of them instead of relying on administrative closure, which was really just a way of the Obama administration getting around immigration laws.
From The Washington Times:
“No attorney general has delegated such broad authority, and legal or policy arguments do not justify it. I therefore hold that immigration judges and the Board [of Immigration Appeals] lack this authority except where a previous regulation or settlement agreement has expressly conferred it,” Mr. Sessions said in his decision.
The ruling could, in the short term, speed up deportation decisions on the children and families that have surged into the U.S. over the past five years.
What drove Sessions to do this was a case involving a 17 year old named Reynaldo Castro-Tum. He was caught crossing the border illegally in 2014 and was sent to live with his brother-in-law while he waited around for his eventual deportation.
He skipped five summonses sent from the court for his hearing. In the end, rather than he be ordered deported in absentia the judge granted him an administrative closure, which was instead of a punishment, a reward that allowed the now adult illegal alien the right to stay here indefinitely, or until a real president appoints a real attorney general.
That case was one of more than 215,000 cases that were given administrative closure and placed on a wait list from fiscal year 2012 through 2017. This caused an off-calendar backlog to more than 350,000 cases. Throw in around 690,000 other pending cases and the immigration court has more than a million cases that are waiting for rulings.
This decision doesn’t reopen the 350,000 cases on the closure wait list automatically. The AG said he feared overwhelming the already stressed immigration courts.
Rosemary Jenks, government relations manager for NumbersUSA said of the decision, “Attorney General Sessions is doing what should have been done long ago, which is trying to ensure that illegal aliens are actually found deportable, then removed from the United States, rather than leaving them here in limbo, still illegal but living under color of law.”
Administrative closure was another shady Obama administration’s illegal overreach violation of the Separation of Powers, because the Congress didn’t do what he wanted, which was to grant amnesty for the future Democrat voters. Part of Obama’s “I’ve got a pen and I’ve got a phone” strategy was to ask his aides to find ways – read do an end-around of the laws – to protect illegal aliens from being deported for breaking the law by coming into the country illegally.
It can be argued that the higher ups in the Obama administration spent more time trying to get around immigration laws than enforcing them. We now have a president and an attorney general who understand the importance of immigration laws and are working tirelessly to right the wrongs of the lawless Obama era in that regard.
Read more at The Washington Times.