[ April 25, 2024 ]
There is more to this case than is being reported by the Washington Times. The Detroit Free Press has this: “Many of the Iraqi detainees are Christian and so being released in time for the Christmas holidays after being separated from their families is significant, advocates say.” Others have reported that most or all of these detainees are Christian, so this is likely not to be a story about an activist leftist judge recklessly releasing potential jihadis into the general population. The advocates for these Christians have argued that they would be in danger from jihadis in Iraq, and so should be granted asylum. That may be. Still, illegal is illegal, and they should either be deported or their status legalized in the U.S.
“Judge orders feds to release dozens of illegal immigrants from Iraq,” by Stephen Dinan, Washington Times, November 20, 2018 (thanks to Christian):
A federal judge ordered the government Tuesday to release nearly 100 migrants from Iraq who were awaiting deportation, finding that there’s little chance they will be sent back home any time soon, so keeping them in detention now violates their rights.
Story continues below advertisementJudge Mark A. Goldsmith also found the Trump administration repeatedly misled his court during the case, and said he’s ordering serious sanctions against the government for that behavior, delivering a legal spanking to the Homeland Security officials he said were underhanded in detailing their dealings with the Iraqi government.
“Families have been shattered,” the judge wrote in his ruling, saying the government has kept illegal immigrants locked up for two years or more, away from their relatives, claiming they were about to be deported to Iraq after decades of delays.
In fact, though, the judge said the U.S. government had only vague promises of cooperation from Iraq, not the hard-and-fast agreements that federal officials had claimed to the press last year and to the courts over the ensuing months of legal wrangling.
“Petitioners’ only crime is being caught between the United States and Iraq’s diplomatic tug-o-war over repatriation. Nonetheless, more than half of the detainees are being held in penal institutions under the same conditions as those convicted of crimes,” ruled Judge Goldsmith, who sits on the bench in the Eastern District of Michigan. “The public interest overwhelmingly favors freedom over mass detention in these circumstances.”
Mr. Goldsmith was an Obama appointee to the federal courts. So was U.S. District Judge Jon S. Tigar, who ruled hours earlier Tuesday that President Trump’s new asylum crackdown policy violates federal laws.
The decisions continue a losing streak for the Trump administration on immigration cases, stretching from their efforts to curb sanctuary cities to ending Temporary Protected Status for hundreds of thousands of migrants from El Salvador, Haiti and other disaster-stricken countries.
The Iraqis case is actually one of the after-effects of Mr. Trump’s original travel ban policy early last year.
Iraq was one of the seven countries on the president’s first list in January 2017, but it was dropped from the updated list in March of that year after the U.S. said Iraqi officials agreed to start taking back deportees as part of a deal to get out from the travel ban.
The Washington Times has repeatedly tried over the last 21 months to get the Iraqi Embassy in Washington to detail the terms of that agreement, but the embassy has rebuffed every attempt.
According to documents the U.S. finally provided to the court, it turns out there never was a formal written agreement. And in fact the Iraqi government is still deeply resistant to taking back deportees from the U.S. or anywhere else unless those deportees actively want to be sent home.
That turns out to be a rare case when talking about people living in America.
The Justice Department didn’t immediately respond to a request for comment on the new ruling Tuesday. U.S. Immigration and Customs Enforcement said it wasn’t able to say much about the effects of the ruling.
But the American Civil Liberties Union of Michigan said there about 95 Iraqis who will be eligible to be released over the next 30 days under the ruling….
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56 Comments
5 years ago
Still, illegal is illegal, and they should either be deported or their status legalized in the U.S.
Bless you, Pamela.
I would say the same for Dreamers.
5 years ago
Reply to
Liatris Spicata
Deport all illegal aliens and muzlims from the USA, citizens or not,
5 years ago
Reply to
Liatris Spicata
The judge has no constitutional authority to “order” anything:
“Why Supreme Court Opinions Are Not The “Law Of The Land”, And How To Put Federal Judges In Their Place” – this article is about the entire judiciary, local, state, federal
https://newswithviews.com/why-supreme-court-opinions-are-not-the-law-of-the-land-and-how-to-put-federal-judges-in-their-place/ – Publius Huldah, she states:
What are the remedies when the Supreme Court violates the Constitution? The opinions of which the convention lobby complains constitute violations of our Constitution.[14] The three remedies our Framers provided or advised for judicial violations of our Constitution are:
1. In Federalist No. 81 (8th para), Hamilton shows Congress can impeach and remove from office federal judges who violate the Constitution. Congress is competent to decide whether federal judges have violated the Constitution! Impeachment is their “check” on the Judicial Branch.
2. In Federalist No. 78 (6th para), Hamilton shows the Judicial Branch must rely on the Executive Branch to enforce its judgments. ******If the President, in the exercise of his independent judgment and mindful of his Oath to “preserve, protect and defend the Constitution”, determines that an opinion of a federal court is unconstitutional; ******his Duty is to refuse to enforce it. ******The President is also competent to decide whether federal judges have violated the Constitution! ******Refusing to enforce their unconstitutional judgments is his “check” on the Judicial Branch.
3. On the Right & Duty of the States – who created the federal government when they ratified the Constitution – to smack down their “creature” when their “creature” violates the Constitutional Compact the States made with each other, see Nullification: The Original Right of Self-Defense.
The Judicial Branch was created by Art. III, §1, US Constitution. Accordingly, it is a “creature” of the Constitution.[1] The federal government came into existence when the States, acting through special ratifying conventions held in each of the States, ***ratified the Constitution.[2]
Since the Judicial Branch is merely a “creature” of the Constitution, it follows that it is subordinate to the Constitution, and is completely subject to its terms. It may not annul the superior authority of the States which created the Judicial Branch when they ratified the Constitution;[3] and as a mere “creature” of the Constitution, it may NOT change the Constitution under which it holds its existence![4]
5 years ago
A left-wing Jewish Judge.
Ah the left wing Jewish lunatics never cease to amaze.
This just goes to show its not what you know its who you know. Lawyers
5 years ago
Reply to
Jewish Left-Wing Nutbars
How unfortunate if true. Genuine Christians stand up for Jews.
Wouldn’t it be nice if other Jewish people could do the same for Christians, as Ms Geller does?
It is CHRISTIANS that are getting slaughtered in the middle east – the Jews are GONE! for the most part from there. The last people we should consider to take in to the U.S. are MUSLIMS for any reason!
5 years ago
Reply to
felix1999
You are correct because during the Obama Administration I question someone high-up in the State Dept of Disarray about the persecution of Christians in the Middle East. To which the reply was, “It’s not our business!”
During the invasion of Iraq by ISIS I believe only 44 persecuted Christians were allow into America. A pitiful number.
The reason for moving to Detroit would be the familiar cultural surroundings. With this being said these judges are really getting out of hand and I would not want what happened in columbia coming here.
5 years ago
Reply to
harbidoll
Because the devils in them recognize those that come in the name of the Holy one of Isreal.
5 years ago
Reply to
felix1999
It’s amazing hoe arrogant Jews can be in their denial of the their Messiah. Denying all he did and the whole reason for the existence of Isreal.
5 years ago
Reply to
peakpower
remember Joseph in Egypt was unrecognizable cuz he had assimilated.into Egyptian dress & culture. He was no longer Jewish to them,
5 years ago
Reply to
harbidoll
Neither was Moses. They said he could not be one of them because he grew up in Pharaoh’s house. It seems every Prophet in the Bible was rejected by the Jewish leadership. I can’t think of one that was not hated for something.
5 years ago
Reply to
harbidoll
Yet he was always a Hebrew in God’s eyes. He was a servant of God. Those are truly God’s children.
5 years ago
Reply to
peakpower
This includes those below replying to this. The term “Jewish” came from the twin state of Judah (Judaism) and Israel a millennium later when the Temple was built after the Exodus. The first collective name was used by Pharaoh with the term “Hebrews.”
Judaism did not begin as a religion until the Torah was given at Sinai.
5 years ago
Reply to
Jewish Left-Wing Nutbars
Agree. If they are in detroit then most of them must be Obama’s jihadi brothers Not christians.
Left/liberal pro-jihadis can only suppress conservatives, patriots from exposing them
Like Left/Liberal Loons Run Canada has been turned into ISIS/jihadi base https://tinyurl.com/y74v5327
But MSM will not talk about it
5 years ago
Reply to
Jewish Left-Wing Nutbars
The majority of left wingers in congress are not Jewish. Therefore, THEY must be lunatics of whatever faith they belong to. Most of obama’s left wing judges are not Jewish. There are many more non-Jewish lunatics than there are Jewish ones.
5 years ago
LOL!
I’d bet these people were gathered up under OBAMA and Trump may not be aware of this. I am not impressed with the woman heading DHS. Obama was taking in MUSLIMS and sending back CHRISTIANS. There was an immigration lawyer, I think in Chicago, that was very effective in helping Christians escape slaughter in the middle east. I am not sure what happened but Obama stopped him. These maybe the Christians Obama wanted deported.
Here’s another issue being created:
Report: Mexico Files Human Rights Complaint Against US Over Change in Asylum Policy
Just like the the TRAVEL BAN, President Trump has Executive power under the Constitution to limit or stop who is coming into our country. Foreign governments or U.N. agencies or lefty organizations have NO SAY over our sovereignty nor can they IMPOSE their will on us using FOREIGN LAWS or organizations. If Trump wants people applying for asylum to come in at a port of entry, he CAN DEMAND THAT and should under ANY circumstances!
Otherwise they have come here ILLEGALLY! Do you leave all the doors and windows open in your house for entry or do you prefer people to come in the designated FRONT door or if need be the designated BACK DOOR? People are becoming bizarre in trying to undermine Trump and make him impotent as President and flood out country with garbage.
“As the Supreme Court affirmed this summer, Congress has given the President broad authority to LIMIT or even STOP the entry of ALIENS into this country,” the Department of Justice and the Department of Homeland Security said in a joint statement that called the lawsuit “absurd.”
The statement added: “We look forward to continuing to defend the Executive Branch’s legitimate and well-reasoned exercise of its authority to address the crisis at our southern border.”
5 years ago
Reply to
felix1999
It would have to be for overruling Congress? https://thehill.com/blogs/ballot-box/gop-presidential-primary/200149-gingrich-congress-can-send-capitol-police-marshals-to-arrest-judges
5 years ago
Reply to
Millionmileman
An obama judge can over rule congress… They are above in the political chain. Maybe time to break up the 9th cct and replace all the judges
5 years ago
Reply to
dad1927
This is why Michael Savage calls them “The 9th Circus Court of Schlemiels!”
5 years ago
Reply to
dad1927
No judge can “overrule” congress because judges may only render an ‘opinion.”
“The Judicial Branch was created by Art. III, §1, US Constitution. Accordingly, ***it is a “creature” of the Constitution.[1] The federal government came into existence when the States, acting through special ratifying conventions held in each of the States, ratified the Constitution.[2]
Since the Judicial Branch is merely a “creature” of the Constitution, it follows that it is subordinate to the Constitution, and *s completely subject to its terms. It may not annul the superior authority of the States which created the Judicial Branch when they ratified the Constitution;[3] and as a mere “creature” of the Constitution, it may NOT change the Constitution under which it holds its existence![4]
Art. I, §1, US Constit., vests all law-making powers granted by the Constitution in Congress. Our Constitution doesn’t grant any lawmaking powers to the Judicial Branch.
All legislative Powers granted by our Constitution are vested in Congress (Art. I, §1). Acts of Congress qualify as part of the “supreme Law of the Land” only when they are made pursuant to Authority granted to Congress by the Constitution (Art.VI, cl. 2). When Acts of Congress are not authorized by the Constitution, they are mere usurpations and must be treated as such.[6]
5 years ago
tip for the donald….just say no. i’d love to see how this bow-tied nut job judge responds to the commander in chief when the military arrives at his courtroom to arrest him
5 years ago
Reply to
Rocinante44
All matters pertaining to immigration, who can come to the US, are vested in the constitutional powers of the President. A judge can only render an “opinion” he cannot make law or order any of the other 2 branches government to do anything.
“The federal government came into existence when the States, acting through special ratifying conventions held in each of the States, ratified the Constitution.[2]
Since the Judicial Branch is merely a “creature” of the Constitution, it follows that it is subordinate to the Constitution, and is completely subject to its terms. It may not annul the superior authority of the States which created the Judicial Branch when they ratified the Constitution;[3] and as a mere “creature” of the Constitution, it may NOT change the Constitution under which it holds its existence![4]”
In Federalist No. 78 (6th para), Hamilton shows the Judicial Branch must rely on the Executive Branch to enforce its judgments. ******If the President, in the exercise of his independent judgment and mindful of his Oath to “preserve, protect and defend the Constitution”, determines that an opinion of a federal court is unconstitutional; ******his Duty is to refuse to enforce it. *******The President is also competent to decide whether federal judges have violated the Constitution! ******Refusing to enforce their unconstitutional judgments is his “check” on the Judicial Branch.”
Furthermore, “all legislative Powers granted by our Constitution are vested in Congress (Art. I, §1). ****Acts of Congress qualify as part of the “supreme Law of the Land” only when they are made pursuant to Authority granted to Congress by the Constitution (Art.VI, cl. 2). When Acts of Congress are not authorized by the Constitution, they are mere usurpations and must be treated as such.[6]” This refers to all laws for or against all the Amendments – guns, immigration, free speech, search and seizures, abortion, homosexuals, etc. and any other so-called “rights” illegally granted. The Constitution specifically states that no “privileges” shall be granted to anyone unless it is granted to everyone. No single section of society can have special rights or privileges.
5 years ago
Reply to
marlene
amen marlene. hopefully someone in trump’s world scans these websites for some ideas for their boss to consider. the man really does need to step up and declare war on these judges, and he has every right to do so
5 years ago
Release them? And make us into Western Europe 2.0? God bless our government….
5 years ago
Apparently many are criminals and others are fake Christians
5 years ago
Reply to
cylde
That’s what I was thinking. How can we be sure they are all Christians from Iraq? I mean don’t Muslims say it’s ok to lie and deceive? ????????♀️ Just saying…..
5 years ago
Reply to
Janet
They are illegal according to the judge, send them back or hold them will they can be ‘proven to be’ Christians. If they can’t be ‘proven’ they have to be sent away…..far away.
5 years ago
Every csse has to stand on its own merits. Given the historic low unemployment numbers, find these heads of household a job and allow them a known documented location, with a degree of stability, until their case can be heard. If they refuse to work and contribute to society, ship them back. Simple.
5 years ago
there are Syrian Churches in US that would take them in. But would that open the door to Msm offering to take in illegals from banned States?
5 years ago
You are right. It’s a complex case. These are Christians so what the hell is going on?
5 years ago
I judges would remain completely anonymous they and their families could not be threatened, bribed or both. This would encourage them to dish out proper sentences without having to be afraid of the thugs..
5 years ago
Reply to
Hans Wellington
If they are afraid, they shouldn’t be judges. Anyone who has any power at all is always going to be threatened at some time or another. If they are afraid of being threatened, they should never take the job.
5 years ago
“Families have been shattered” ? No They ‘shattered’ their families when they decided to leave their homeland and attempt to enter USA illegally, the same applies to the ones who are doing it at the Mexico border and the same romaticised hyperbole we hear about that too
5 years ago
Obama discriminated against Christian immigrants trying to flee Iraqi and Syrian annihilation from Isis in favor of Muslims. It’s interesting that this liberal judge now wants to use these few Christians who were allowed in from there, to reset precident to allow more Muslims in by nullifying recent asylum rules changes designed to deal with the present mostly Catholics caravan invasion crisis from the south, to makeTrump’s policy look cold, uncaring and discriminatory of people he supposedly favors, when it is liberals who are truly discriminatory against Christian beliefs in creation, the conscience, the Bible’s definition of morality, normality, gender, family and sanity on a day-to-da basis.
5 years ago
Reply to
byronmullet
Seems the catholic church has made the most$$$ $ from the mudslime and mexican or south american invasions.
5 years ago
These activist judges who are literally violating law with their treacherous opinions, opinions meant solely to inflict deadly consequences on the American people, are acting as dictators and MUST be removed from their positions. In America, no one is to be held above the law, especially those appointed to guard it, write it or interpret it.
5 years ago
The fact that a “jury of your peers” silences the ruling of a judge clearly indicated that the people are the law, not any “nut job judge.” What do the people say about this… or is it time for the people to find their voice? Silent too long?
5 years ago
Someone wake up Chief Justice Roberts and tell him that another Obummer appointee activist Judge just ordered more violent people released into our country…..
I say when they order the release of dangerous people…..they release them in the Judge’s neighborhood….
5 years ago
Reply to
ladywarrior
He should also be responsible for supporting them. As a taxpayer I don’t want to support
people that hate America and Americans.
5 years ago
Reply to
ladywarrior
Justice Turncoat Roberts is one of the dangerous people who are letting their lackeys do the dirty work!
5 years ago
Reply to
Drifter12
…..clearly he was working for Obummer on the criminal “healthcare”….pulling out of the air that it is a tax…..when Obummer’s people didn’t even argue that it was a tax…..
by the way…your avatar is the same view I have on my computer home page….
5 years ago
These people should be covered under refugee status.
This is a similar situation to what happened to the Jews in Germany after 1938 when the Nazis took over. No one was willing to accept Jewish refugees, and the Nazis set out on a course of extermination termed the Holocaust.
5 years ago
Reply to
StevenRobert
And how do you know for sure they are Christians? It has nothing to do with the Jewish people.
5 years ago
Question: When does it make sense and become legal for the Judicial branch of government to take precedence over the other branches of government, Executive and Legislative? Answer: When determining the legality of actions in conformance with the Constitution. The Supreme court makes these decisions… Since when do lower level judges get to overrule Presidents and make new laws–exceptions, in clear contradiction of established Constitutional law? Question: What legal authority empowers this judge to make his own new laws and repeal the ones, with which he does not agree? Answer: Absolutely none! Question: Why are we allowing this to fester in our national consciousness? Answer: DUH!
President Trump should tell him to “shove it”, where the sun don’t shine… Follow the law!
5 years ago
Makes me wonder how many of the people at the southern border of the U.S. will declare they are Christians if we allow illegal invaders to stay if they are Christians? Like all of them.
5 years ago
Goldsmith is helping the same kind that did the holocaust…. Jew in name only.
5 years ago
The ACLU is helpng Christians ?
Validate your 2nd Amendment Rights /////// Carry !
