Federal Judge Rules ICE Must Follow Law and Deport Illegals

As of last Friday, the unlawful September directive from the Department of Homeland Security limiting who immigration agents may target is void. The ruling erases the blank check given to migrants as long as they are not a threat to public safety and national security or very recent arrivals.

U.S. DIstrict Court Judge Drew Tipton ruled DHS Secretary Alejandro Mayorkas overreached with his directive last September. The person in charge of protecting U.S. borders unilaterally declared that being an illegal immigrant alone should not lead to arrest.

Further, Mayorkas asserted that the majority of “undocumented noncitizens” have been productive residents for years. True or not, any fifth-grade civics student knows the executive branch, of which the DHS is, enforces the law. It has no authority to create it.

What the Homeland Security head did was rewrite the law, which is not only vastly different but unconstitutional. The federal judge corrected the director’s seizure of power he did not have in ruling the DHS directive prevented border officials from enforcing the law.

Immigration officials were ordered to prioritize particular illegal immigrants, effectively turning a blind eye to millions of others.

The ruling was issued June 10 and took effect over the weekend when a federal appeals court declined to block it. It came in response to a lawsuit filed by Texas and Louisiana, two states that bear much of the brunt of Biden’s lax border enforcement.

Both states cited strains on law enforcement and health care from the unstemmed tide of illegal migrants.

The Biden administration, which apparently only feels bound to comply with Democrat-supported laws, stubbornly declared a “measured approach” to illegals. Even without official prioritization.

Without this “discretionary authority,” critics charge that almost all of the estimated 11 million illegal immigrants in the U.S. are open to arrest and deportation. And while that appears to technically be the case, don’t hold your breath for the White House to enforce a law they disagree with.

In a related measure, may we get a moratorium on the mainstream media’s fixation on identifying who nominated this or that judge? All judges are constitutionally confirmed, and the nominating president in an apolitical judicial system is irrelevant.