A Thought on Nationhood

Germany has one, and it centers on immigrants assimilating into German culture rather than holding themselves apart while taking advantage of the German benefits that drew the immigrants in the first place.  It’s articulated by Joachim Gauck, President of Germany from 2012-2017.  He told Bild

“I find it unacceptable that people who have been living in Germany for decades cannot hold a conversation in German, do not attend parent-teacher conferences or keep their children from going to classes or sports.”

A Sanctuary City Success

New York City is a sanctuary city.  There are more than eight million stories in the city. Here is one of them.

Within the three months, from January to mid-April this year, ICE prepared more than 440 detainers against aliens booked by NYPD or NYDOC. Nearly 40 individuals who were released from custody, reoffended and were again arrested for crimes by local law enforcement officers.

That’s a 9% repeat offense rate, and those repeats happen quickly.  Here are some of those releases.

A 43-year old man from China was released in March after being arrested for Criminal Possession Controlled Substance…, then re-arrested for Criminal Possession Controlled Substance…in April.

National Sovereignty

The European Court of Justice has decided it is the arbiter of a nation’s borders and of entry permissions, and not the nation itself.

The court heard the cases of two men, one Afghan and one with Croatian and Bosnian citizenship, and ruled the severity of their crimes or alleged crimes and how long ago they took place need to be taken into consideration before an entry ban is permitted.

A Federal Judge’s Mistakes

US District Judge John Bates has ruled that President Donald Trump’s Executive Order rescinding the DACA program initiated by DHA memorandum under ex-President Barack Obama (D) is illegal.  He’s gone beyond that: he’s ordered the Trump administration to process new DACA applicants, not just renew existing ones.

Bates’ mistakes are two.  One is his ruling that, in effect, it’s illegal to rescind a Department Memorandum by Executive Order.  Of course, this is erroneous.  A Department Memorandum is not statute; it’s not even a Regulation.  It has no legal force beyond being a Cabinet-level equivalent of an EO.  As such, it’s subordinate to Executive Orders and available to cancelation by same.  At worst, the issue is a quibble, easily correctable by an EO instructing the subordinate DHS to rescind its Memorandum.

A Mistaken Argument

The Supreme Court heard oral argument earlier this week on the legality of President Donald Trump’s Executive Order producing a moratorium on entry into the US from certain selected nations.  Neal Katyal, representing those arguing to keep Trump’s EO blocked,

says Congress previously has rejected exactly the kind of nationality-based ban that Mr Trump has implemented.

Whether or not that’s true, though, is irrelevant.  All that the Court can consider (aside from what is in the Constitution, which is always before the Court, and what’s in the Executive Order before the Court today), is what Congress has done this time.  Past actions are irrelevant, particularly since what Congress does today that differs or outright contradicts what Congress did yesterday overrides yesterday’s action.

The “Muslim Travel” Moratorium Case

The Supreme Court is hearing this case as it pertains to the current Executive Order that imposes a moratorium on entry into the US by persons coming from certain specified nations.  (In aside, I emphasize that calling the EO a “Muslim ban” is dishonest. It presents an impermanent moratorium on entry from nations representing a bare 10% of the world’s Muslims, and it presents the same impermanent moratorium on non-Muslim countries, like northern Korea.)

Counting US Citizens is Illegal

That’s what California’s Attorney General, Xavier Bacerra (D), says.  The Commerce Department has said the 2020 census form will include a question asking whether the respondent is an American citizen, and Bacerra doesn’t like it.  In the op-ed he co-wrote with California’s Secretary of State Alex Padilla (D) for the San Francisco Chronicle, he wrote

Including a citizenship question on the 2020 census is not just a bad idea—it is illegal[]

and he repeated that claim in one of his tweets.

Never mind that there’s plenty of precedent: the Census Bureau asked this question during its decennial census-takings every time from 1820 through 1950, and every year through today on its annual census sampling.

Violent Illegal Aliens

Recall Oakland Mayor Libby Schaaf’s warning to illegal aliens in the city for which she’s responsible that ICE officers were coming.  Recall further the litany of violent crimes for which many of those warned were previously convicted or accused, and that many of those violent illegals escaped ICE as a result of Schaaf’s warning.

Now we see an outcome of Schaaf’s concern for violent non-citizen criminals.

Three illegal immigrants, who avoided capture after Oakland Mayor Libby Schaaf blew the whistle on a raid by federal immigration authorities last month, have since been re-arrested for new crimes including robbery and spousal abuse, ICE officials said.

A District Judge Gets One Right

Senior Federal District Court Judge for the District of Maryland Roger Titus has ruled that President Donald Trump’s wind-down of DACA was entirely legal and proper.  While that’s an outcome agreeable to me, my interest is in his reasoning for upholding Trump’s withdrawal of the Obama DHS Memorandum creating DACA.

As disheartening or inappropriate as the president’s occasionally disparaging remarks may be, they are not relevant to the larger issues governing the DACA rescission. The DACA Rescission Memo is clear as to its purpose and reasoning, and its decision is rationally supported by the administrative record.

And

A Mayor and Violent Illegal Aliens

Some numbers are in following an ICE raids in northern California last week that Oakland Mayor Libby Schaaf warned her illegal alien constituents was coming before the raids went in [emphasis added].

Immigrations and Customs Enforcement (ICE) officials announced this week that the four-day raid led to the arrest of 232 illegal immigrants in the San Francisco Bay Area.

Of those 232, 180 “were either convicted criminals, had been issued a final order of removal and failed to depart the United States, or had been previously removed” from the country and had come back illegally.