By Harold Pease, Ph. D.
Not long ago both major political parties agreed on the phrase illegal alien, defined as “A foreign national who is living without official authorization in a country of which they are not a citizen.” Hillary Clinton was once a strong advocate for deportation. She said in a 2008 immigration campaign speech, “I think we’ve got to have tough conditions. Tell people to come out of the shadows. If they have committed a crime, deport them. No questions asked! They are gone!! If you are here illegally you should be deported. If they’ve been working and are law abiding, we should say, here are the conditions for you’re staying. You have to pay a stiff fine because you came here illegally. You have to pay back taxes and you have to try to learn English and you have to wait in line” (Hillary Clinton’s deleted 2008 Immigration Speech: Tough Stance on Border Security and Reform, YouTube).
President Bill Clinton signed into law, “The Illegal Immigration Reform and Immigrant Responsibility Act of 1996. He asserted that the legislation strengthened “the rule of law by cracking down on illegal immigration at the border, in the workplace, and in the criminal justice system — without punishing those living in the United States legally.” Section 133, “Acceptance of State Services to Carry Out Immigration Enforcement,” authorized the Director of the U.S. Immigration and Customs Enforcement to enter into agreements with state and local law enforcement agencies called Memorandums of Agreement to enforce its provisions (Scholars, HOW AMERICA’S 1996 IMMIGRATION ACT SET THE STAGE FOR INCREASINGLY LOCALIZED AND TOUGH ENFORCEMENT,” January 9, 2018). Draconian next to Joe Biden’s flying in criminal illegal aliens into our cities and housing them at taxpayer expense.
All presidents of the US from Benjamin Harrison to Trump (23 presidents) have each deported thousands to millions of illegal aliens for at least 137 years with little or no judicial opposition until Donald Trump (source, Department of Homeland Security and Cato Institute). It has always been mostly a non-issue with respect to constitutional authority of the executive. As far as we can tell no injunctions were issued against the practice because of two reasons 1) Illegals have never had any due process rights because they were not citizens and, 2) the judicial branch cannot tell the executive branch how to execute the law any more than the executive branch can tell the judicial branch how to rule on a law—they are separate but co-equal branches. This, until President Trump, because the Deep State weaponized immigration to purchase potential voters with gift giving (free medical care, social security, housing, jobs, food, and even eventually citizenship). We have reported on this over the years. Illegals have become the Democrat Party’s constituents. Both Chicago and New York City Democrats learned this in 2024, their party cared more about illegals than they. Trump is destroying their plans to make aliens citizens then voters.
The nation is in constitutional crisis. We were invaded by up to 21 million foreigners, all illegals by the above definition and therefore not citizens and as such have no due process rights. Someone breaking into our home has no right once in to argue with us as to the conditions of his departure. All have broken the law by illegal entry and many of them are criminals. Unless challenged the Deep State will create a permanent Democrat majority with beholding illegals.
If we allow the judicial branch to destroy the executive branch as co equal but separate from it, we damage the Constitution, probably irreparably. Also, if courts can’t function as designed by the Constitution, their is no justice. The Black Robbed Judicial Coup d’état is real. Judge Hannah Dugan was arrested for obstructing an immigration operation in Milwaukee, Wisconsin. The Supreme Court is led by Chief Justice John Roberts who could reign-in the district judges but has sided with activist judge—James Boasberg in particular—and is openly against Congress using its constitutional impeachment powers on judges. The Supreme Court is divided with Justices Samuel Alito, Clarence Thomas, and Brett Kavanaugh holding to the Constitutional line while Sonia Sotomayor openly encourages resistance to ICE. A divided court is paralyzed.
Congress can impeach these rogue judges but has been infiltrated by Deep State legislators who have assisted and many are active in preventing the laws of the land from being enforced by ICE to remove illegals—even attacking law enforcement. Therefore the House may not be able to get impeachments through the Senate as required. Still, the Court or Congress should solve the issue.
Trump has three choices 1) Let the executive branch be nullified by the judicial branch with the resultant damage to the Constitution, which he cannot do as he is sworn in as the nation’s chief protector of the Constitution, 2) Totally ignore the 677 district judges who have no constitutional jurisdiction outside their districts, and their unconstitutional injunctions, as did President Andrew Jackson when he said “the Supreme Court has made the law, let them enforce it” or, 3) Implement Art. I, Sec. 9, Cla. 2, Writ of Habeas Corpus which he must do if the other branches do not act on their constitutionally required checks and balances to preserve the document.
Trump won’t move before the people are shown that Congress won’t / can’t impeach Deep State justices or the Supreme Court won’t bridle its district rogue judges and perhaps even Sotomayor. He has already asked the Supreme Court to save the Constitution by reigning them in. He might even wait until after the mid-terms to let the new Congress do it. When those two options are exhausted, and the people see that they are exhausted, they will support his having to implement the suspension clause of the Writ of Habeas Corpus which reads “The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.” We witnessed a four year long invasion with some small communities actually occupied by the Tren de Aragua gang and with the rise in murder, rape and serious crime— public safety was absolutely affected.
In the meantime Trump popularity and the public’s willingness to pursue deportation is growing. Democrats themselves support deportation of criminals 69%, according to Rasmussen Reports.
Dr. Harold Pease is an expert on the United States Constitution and a syndicated columnist. Read his weekly columns at www.LibertyUnderFire.org Column # 821 `Help preserve our Republic while we still can by sharing this column.