Politico: Judges Use ‘Workarounds’ To ‘Bypass’ Pro-Trump Rulings On Immigration
Brianna Lyman Visit on Twitter @briannalyman2
The judges highlighted by Politico are not outliers, in fact, they are emblematic of an activist judiciary that defies constitutional limits.
Unelected, inferior court judges are looking at ways to launch a judicial coup against higher court rulings that they don’t like, Politico reported Tuesday.
“Federal judges may have found a workaround to reject the Trump administration’s mass detention policy after an appeals court backed the approach,” Politico’s Kyle Cheney reported.
A three-judge panel of the 5th Circuit Court of Appeals ruled Friday that the Trump administration could continue to detain illegal aliens without bond, with Circuit Judge Edith H. Jones writing for the 2-1 majority that “unadmitted aliens apprehended anywhere in the United States are ineligible for release on bond, regardless of how long they have resided inside the United States.”
“That prior Administrations decided to use less than their full enforcement authority under [the law] does not mean they lacked the authority to do more,” Jones wrote. Under previous administrations, illegal aliens not detained at the border had been able to request a bond hearing, and, if they did not have a violent criminal history, they were often granted bond, Fox News reported.
But as Politico reported, two federal district court judges in Texas who are bound by the ruling said the decision “left an opening for them to continue granting immigrants’ release on other grounds, primarily constitutional arguments against detaining people who have established roots in the U.S. without due process.”
The judges reportedly believe that the Constitution permits a “liberty interest” to be accounted for.