by Ed Brodow, American Thinker:
Voters in 2024 gave Trump a mandate to execute his agenda. At the top of that agenda is the deportation of millions of people who entered the country illegally but were enabled by what amounted to treason by the Biden administration. Many of these illegal aliens present significant threats to national security and public safety. Democrats are using the court system to block Trump from doing a job that needs to be done.
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Democrats wanting to throw a monkey wrench into Trump’s agenda have been able to “forum shop” by seeking out sympathetic district court judges most likely to block the president’s actions. By issuing nationwide injunctions against Trump’s executive orders, these rogue judges have effectively shut down the executive branch of the federal government. “Since Trump took office,” said Texas rep. August Pfluger, “activist judges in district courts have aggressively blocked his executive actions. The fact that an unelected lower court judge can micromanage the commander-in-chief should trouble every single American.”
Does President Trump have the authority to deport people who entered the country illegally? Are illegals entitled to due process when they are deported, and if so, what does that mean? Do district judges have the power to issue nationwide injunctions stopping presidential executive orders?
Common sense dictates that the answer to the first question is yes, and the answer to the third question is no. The answer to the second question is more complicated. If due process means giving illegals a court appearance before a judge, the answer should be no. It would take hundreds of years to get millions of illegals into court. The rules of due process must be flexible if millions of illegals can be deported quickly.
“People who are enemies of the United States don’t have the same level of due process,” said border czar Tom Homan. Hans A. von Spakovsky and Charles Stimson of the Heritage Foundation agreed with Homan. “It’s important to recognize that illegal immigrants don’t have the same due process rights as citizens,” they wrote. “For more than 100 years, the Supreme Court has held that the only due process to which illegal immigrants are entitled is what Congress gives them through federal immigration law. [Justice Samuel] Alito concurred: ‘The decisions of executive or administrative officers, acting within powers expressly conferred by Congress, are due process of law.’”
“That means that illegal immigrants don’t have to be given access to the courts,” von Spakovsky and Stimson conclude. “Just because you don’t see a judge doesn’t mean you aren’t receiving due process,” said former White House Press Secretary Sarah Huckabee Sanders.
“I’m doing what I was elected to do, remove criminals from our country, but the courts don’t seem to want me to do that,” said President Trump. “My team is being stymied at every turn by even the U.S. Supreme Court, which seemingly doesn’t want me to send violent criminals and terrorists back to Venezuela, or any other country, for that matter. We cannot give everyone a trial, because to do so would take, without exaggeration, 200 years. We would need hundreds of thousands of trials for the hundreds of thousands of Illegals we are sending out of the country. Such a thing is not possible to do.”
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