Once again, our imperial judiciary is claiming the right to make immigration policy. The Supreme Court subverted President Donald Trump’s authority on immigration earlier this week by preserving a lower court ruling that exempted grandparents and other relatives from Trump’s travel ban . [Supreme Court says grandparents, relatives can enter US despite travel ban, by Ariane de Vogue, CNN, July 19, 2017]The administration did score a win when the Supreme Court reversed another part of the lower court ruling, allowing refugee ban enforcement [Justices allow strict refugee ban but say grandparents OK, by Mark Sherman, AP, July 19, 2017]. But eventually Trump and the GOP Congress must act to reclaim immigration policy from these would-be “kritarchs”—who increasingly act as if they are the only meaningful branch of government.
My answer: impeachment. And reestablish control over the immigration bureaucracy by abolishing the Executive Office for Immigration Review (EOIR).
It is unquestionable the Constitution grants authority over immigration policy to Congress. Article I, Section 8, Clause 4 of the Constitution gives authority over immigration to Congress via legislation. No judge may challenge this authority. To do so is usurpation of the powers of another branch of government. Furthermore, Congress has specifically stated in legislation, specifically Title 8 United States Code, Section 1252, Judicial Review, that judges may not review findings of the Executive Branch in the removability of an alien.
Nevertheless, District Judge Derrick Watson of Hawaii, who previously issued a stay on the Trump travel ban based explicitly on his personal political beliefs, took it upon himself to simply assert that refugees working with a resettlement agency—the notorious “refugee contractors”—should be allowed into the country, and dramatically expanded the definition of family members who should allowed in. [Trump Travel Ban: Judge Expands Definition Of ‘Close Relative,’ BBC, July 14, 2017]
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