A US Immigration Judge in California has decided that “mistreatment” of a known illegal alien from Mexico justifies her ruling that the alien’s deportation order should be dismissed. The ACLU supports this conclusion, which could provide backdoor citizenship for thousands of illegal aliens.
The facts for this article, but not its legal conclusions, come from an article in the Los Angeles Daily News on 21 February, 2009. A US Immigration Judge in Los Angeles has just ruled that because the Immigration Service has “mistreated” an illegal alien after his arrest, she is justified in ruling that he cannot be deported.
Gregorio Perez Cruz was one of 138 people arrested in a raid on Micro Solutions, a printer cartridge company, in Van Nuys in February, 2008. Forty of those people have challenged their deportation orders, claiming that they were “mistreated” by agents of Immigration and Customs Enforcement. His is the first one to reach a decision. Presumably it will apply to others in his group.
An ICE spokesman has announced that the Agency will appeal this decision.
And, if this concept in immigration law spreads to other jurisdictions, it could become a literal get-out-of-jail card for hundreds of thousands of illegal aliens. Such an expansion of this ruling is exactly what the ACLU has in mind, based on the comments of Ahilan Arulananthm, director of immigrants rights and national security for the ACLU.
Immigration Judge A. Ashley Tabaddor includes allegations by Perez Cruz that his civil rights were violated during his incarceration. Judge Tabaddor, who was formerly an attorney with the Office of Immigration Litigation at the Department of Justice, accepted Cruz’ claim that he “forced to sleep on a concrete floor at night” and “deprived of food and water for 18 hours.” As a result, she also threw out the evidence from Cruz’ statements, and his Mexican birth certificate
It should be clear that this judge has a bias on the bench. It is to bend over backward to find some way, however unusual, to defeat the government and give the alien a free ride.
The main point is that even if there is any kind of “mistreatment” of any illegal alien by ICE agents, that does not turn an illegal alien into someone who has a permanent legal right to remain in the US. Readers may recall a recent case and decision in which a group of illegal aliens from Mexico who sued an Arizona rancher for “violating their rights” when he captured them at gunpoint when they were sneaking across his ranch to get into the US.
Those aliens lost their case on that issue. But that’s the point. They have a right to find a lawyer and bring a claim for money damages. One thing they DON’T have is a right to use that claim to trump existing immigration law.
What we see here is a US Judge who dislikes and does not want to enforce the existing US laws. That is not the kind of judge that most Americans would prefer. But as long as the prejudice goes in the favored direction (let all aliens in), that is the kind of judge that the ACLU prefers.
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