Category Archives: immigration

It Doesn’t Matter

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The Supreme Court has said that the Trump administration can go ahead with its plans to deport 500,000 “migrants” from Cuba, Nicaragua, and Venezuela, ruling that the administration can cancel, as a preparatory step, the Temporary Protected Status the Biden administration had granted those illegal aliens. It’s only a partial victory, though, as the Court merely stayed a lower court ruling that barred the TPS cancelation while the matter works through the courts on its merits.

Two activist Justices dissented. Justice Ketanji Brown Jackson, joined by Justice Sonia Sotomayor, centered her dissent on the premise of the

devastating consequences of allowing the government to precipitously upend the lives and livelihoods of nearly half a million noncitizens while their legal claims are pending.

I’ll omit comment on the cynicism of the “noncitizen” characterization. Whether cancelation and potential subsequent deportation are good or bad policy, whether the removal is disruptive of the lives of those 500,000, these are political and social considerations, and so they are wholly irrelevant here. What does matter, all that is relevant, is whether the Trump administration is acting within the law. That is all that an American court can adjudicate; political and social considerations are the province of the political branches of our government and are explicitly outside the scope of our judicial branch. The judicial branch has no jurisdiction whatsoever on purely political/social matters.

All that matters to the judges, all that should matter, is what the stature before them and the relevant clauses of our Constitution say, not what judges think they should say.

That May Be

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The Trump administration is moving to withdraw the visas for People’s Republic of China students at American colleges and universities. There is concern that the loss of these students at those schools would negatively impact the schools’ bottom lines.

A Trump administration announcement Wednesday that it would “aggressively” begin revoking visas for Chinese students confronts universities across the US with the prospect of a hit to their finances and talent pool.

There is, of course, a hue and cry from the press and their Party politicians. For instance, “US experts,” one of the many childhood imaginary friends so often consulted by news writers and opinionators, claim

A big decline in Chinese enrollment could severely cut into schools’ bottom line [sic] and damage US competitiveness[.]

And this: the People’s Republic of China “buys”—the news writer’s term—

education-related services, including spending on tuition and books, from the US, at $14.3 billion in 2023, 21% more than the $11.8 billion spent by students from India, and more than six times as much as students from South Korea, another major supplier of international students to the US.

That may be, but it isn’t relevant. Stipulate even that most of the PRC’s students here are entirely on the up and up. The question is not how much money the PRC spends on our schools, it’s the risk from the many who are here to spy directly, or are here to learn our technologies and our social techniques in order to take them back to the PRC to use against us.

The breadth and depth of that risk makes the group of them not worth the trouble to vet—an imperfect process at its best. The schools can adapt and adjust their budgets.

Mischaracterization

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The Vera Institutes of Justice’s Santiago Mueckay has one in his letter in the WSJ‘s Letters section.

[T]he Supreme Court has consistently affirmed that immigrants are entitled to due process under the US Constitution.

This is a cynically offered strawman argument. No one is arguing that immigrants are not entitled to our Constitution’s due process protections.

Illegal aliens, though—the ones targeted by rapid deportation efforts—hold themselves outside our social compact, outside our government’s jurisdiction, by breaking into our country in violation of our laws and then hiding from our government. From that, illegal aliens have no claim to, and no right for, any of the protections of our Constitution.

Mueckay will have to play with his dolly without me.

An Irrelevant Argument

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Or it should be.

Recall that the Homeland Security Secretary Kristi Noem has canceled Harvard University’s authorization to enroll foreign students over that school’s decision to not bother in any serious way to protect the safety and free speech rights of Jewish students and to keep enrolling “students” who then engage in anti-American and pro-terrorist riots, building seizures, and vandalism, along with its refusal to expel and bring charges against those “students” already enrolled who’ve engaged in those behaviors. These school administration decisions could rise to the level of civil rights law violations, similar as they are, to Columbia University’s decisions which has resuled in that school being charged by HHS with civil rights law violations.

Harvard’s situation:

Harvard enrolls about 7,000 international students—more than 25% of the student body—and like many US universities it relies on their tuition payments, which are often full-fee.

As Noem noted,

It is a privilege, not a right, for universities to enroll foreign students and benefit from their higher tuition payments to help pad their multibillion-dollar endowments[.]

This echoes SecState Marco Rubio’s acknowledgment that even getting a visa (student or otherwise) in the first place is a privilege and not a right. Both acknowledgments also carry the flip side that our government has no obligation to grant visas and no obligation to authorize colleges or universities to enroll foreign students.

Still, Harvard has filed an appeal to Noem’s decision and is seeking an injunction, trying to get a judge to once again dictate from the awesome heights of a district court knoll top what a coequal branch of our government can do regarding foreign policy. In his letter “to the community,” Harvard President Alan Garber wrote that the cancelation,

imperils the future of thousands of students and scholars across Harvard and serves as a warning to countless others at colleges and universities throughout the country who have come to America to pursue their education and fulfill their dreams[.]

This is both cynically specious and wholly irrelevant. That Harvard has designed its business model to be so dependent on foreign student enrollment in no way obligates our government to allow such enrollment. Further, in no way do future “thousands of students” or “scholars” have any intrinsic right to a student visa, or any other form of visa.

The DHS decision here certainly should serve as a warning to others at colleges and universities, and at any other institution or enterprise, that coming into our nation for any purpose is a privilege and not a right, and that granting such a privilege incurs an obligation on the grantee to obey all of our laws, including the free speech rights of others and the sanctity of property, whether privately held or government held.

There is no part of Harvard’s argument that is relevant to the case. What matters—all that matters—is what does the law say? Is this cutoff permissible under existing law?

If the cutoff is permissible, then a non-activist judge who obeys our Constitution and his oath of office, must deny the injunction request. Harvard should have two basic choices: shape up and stop coddling rioters and vandals, or work to change the law.

Unfortunately, the case went before just such an activist judge. Federal District Judge Allison Burroughs has issued Harvard’s requested injunction staying the DHS cancelation.

The Potential Deportation of Khalil

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Mahmoud Khalil is the Columbia University Hamas terrorist- and Palestinian-supporter currently in ICE custody in Louisiana with a view to formally revoking his student visa and green card and deporting him. Matthew Hennesey, in his Wednesday Wall Street Journal op-ed, is mostly correct in his piece regarding Khalil and others of his ilk who come to our nation ostensibly to better their own lot but in actuality to push their hatred of America and try to damage us from within.

However, he had this in his piece’s endgame:

With all that in mind, what’s the big rush [to deport Khalil]? The man’s wife is evidently eight months pregnant.

This is utterly irrelevant. The woman knew what she was doing when she married him, and she married him entirely voluntarily. She also can freely choose to go with her husband, if he winds up being deported. If she (equally freely) chooses to stay, there are a number of American agencies—governmental, non-governmental, charity—that provide support for single perinatal women and single mothers with babies (and older children) to care for.

The Jewish students whom Khalil so broadly and deeply harmed with the pro-terrorist “protests” he helped organize—group actions that prevented them from getting to their classes, overtly threatened them, seized and vandalized buildings with Nazi-oriented graffiti specifically targeted at them—had no choice in the matter. The Jewish students were carefully targeted, and separately as the Columbia management team still is demonstrating, those students have no support facilities.