Appeals court: illegal aliens not covered by the Second Amendment

Does the “right of the people to keep and bear arms” cover people who are in this country illegally? A three-judge panel on the Eleventh Circuit Court of Appeals said “no” on Monday, ruling against a man who had lived in the United States for almost two decades before he was deported after being convicted on one count of possession of a firearm by an illegal alien.

Ignacio Jimenez-Shilon appealed that conviction, arguing (as he had at trial) that the federal law in question was a violation of his Second Amendment rights. The panel of judges, however, agreed with the lower court that ruled those in this country illegally don’t have a right under U.S. law to either keep or bear arms.

Jimenez’s argument to us is straightforward: (1) Even as an illegal alien, he lived in the United States for decades and was thus among “the people” whom the Second Amendment protects; and (2) as a consequence, he couldn’t be punished for exercising his individual right to possess a firearm.

But the inquiry isn’t as mechanical as Jimenez suggests. As we will explain, being a member of “the people” to whom the Second Amendment applies as a general matter is a necessary condition to enjoyment of the right to keep and bear arms, but it is not alone sufficient. The reason is that the Second Amendment’s text shows that it codified what the Heller Court called a “pre-existing right,” 554 U.S. at 592, 603—the right “to keep and bear Arms”— and that right’s particular history demonstrates that it extended (and thus extends) to some categories of individuals, but not others. Accordingly, as the Supreme Court put it in Heller, certain groups of people—even those who might be among “the people”—may be “disqualified from” possessing arms without violating the Second Amendment.

Illegal aliens, according to the judges, are among those “certain groups of people” who can be disqualified, because both the law and historical precedent in this country have made it clear that  “aliens could not surreptitiously enter a foreign nation in violation of the immigration prerogatives of the sovereign and expect to receive all the rights and protections of the citizenry. Nor can they do so today.”

In order to reach that decision the panel explored several Supreme Court precedents as well as some Founding-era history, which they say points to the idea that the right of the people to keep and bear arms was analogous to the rights of citizens to do so.

To take one example, the Federalist Papers explained that one of the bulwarks of personal liberty was the prospect of “citizens with arms in their hands.” The Federalist No. 46, at 296 (James Madison) (Clinton Rossiter ed., 1961).

“If the representatives of the people” were to “betray their constituents,” Hamilton proclaimed, then it would be the natural right of the “citizens” to “rush tumultuously to arms.” The Federalist No. 28, at 176 (Alexander Hamilton); see also, e.g., 3 Joseph Story, Commentaries on the Constitution of the United States § 1890, at 746 (1833) (“The right of the citizens to keep and bear arms has justly been considered, as the palladium of the liberties of a republic; since it offers a strong moral check against the usurpation and arbitrary power of rulers” and “enable[s] the people to resist and triumph over them.”).

Yet when the Constitution was submitted for ratification, many feared that the lack of an express guarantee of the right to bear arms would lead to an erosion of liberty—particularly because the new charter empowered Congress to call forth the militia and raise an army and navy. See Heller, 554 U.S. at 598.

Thus, several proposals quickly emerged in the States urging the adoption of an amendment explicitly prohibiting Congress from disarming “citizens.” See Charles, Armed in America, supra, at 94; The Complete Bill of Rights, supra, at 275 (documenting the Massachusetts proposal that Congress be barred from “prevent[ing] the people of the United States, who are peaceable citizens, from keeping their own arms,” as well as the New Hampshire proposal that “Congress shall never disarm any Citizen unless such as are or have been in Actual Rebellion”).

One of the most interesting aspects of this case was the concurring opinion authored by Judge Kevin Newsom, who was appointed to the Eleventh Circuit by Donald Trump in 2017. As UCLA law professor Eugene Voloch pointed out at Reason, Newsom took the opportunity to discuss the current use of “tiered scrutiny” to determine the constitutionality of laws dealing with the Second Amendment.

Judge Newsom also adds a separate concurrence, in which he questions the use of strict scrutiny, intermediate scrutiny, and similar tests both as to the Second Amendment and as to other constitutional rights, such as the First Amendment. Allowing constitutional rights to be overcome by compelling or substantial government interests, he argues, “elevates the normative views of ‘we the judges’ over ‘We the People’ through an ill-defined balancing test.” And, turning to the First Amendment, he adds:

It’s not just that the [First Amendment strict scrutiny / intermediate scrutiny] doctrine is exhausting—although it certainly is that. It’s that the doctrine is judge-empowering and, I fear, freedom-diluting. If we, as judges, conclude—as I’ve said we should—that Second Amendment rights shouldn’t be casually balanced away by reference to manipulable means-ends balancing tests, we might need to start asking the bigger question: On what basis can we do exactly that when dealing with other, equally fundamental rights?

There’s a lot of speculation among Supreme Court watchers that the upcoming decision in New York State Rifle & Pistol Association will specifically reject the current tiered-scrutiny approach adopted by lower courts in the wake of Heller in favor of a “text, history, and tradition” test that, in the words of attorney and scholar Joseph Greenlee, “focuses on the Second Amendment’s text, using history and tradition to inform its original meaning.” It sounds like Newsom thinks that a similar approach would be valuable for the First Amendment too, though it remains to be seen if SCOTUS will actually adopt that test for Second Amendment cases going forward.

Interesting little tidbit for our friends 7 times ‘south of the border’, but I’d say they are likely already aware of it.

Biden Is Deporting Venezuelans to Colombia

Record numbers of Venezuelan migrants have crossed into the United States from Mexico in recent months, hoping to apply for asylum. U.S. immigration authorities reported 24,819 Venezuelan border crossers in December 2021, compared to just 200 one year prior.

Despite the compelling case many Venezuelans have for seeking refuge in the U.S., the Biden administration is denying many of them that opportunity. Instead it is quietly deporting them to Colombia—a policy that resembles a controversial Trump administration practice.

Citing 42 USC 265, a public health provision that was also invoked by President Donald Trump, President Joe Biden thus far has expelled more than 1 million migrants who crossed the U.S.-Mexico border, preventing Venezuelans and many others from applying for asylum. Colombia will be a deportation destination for Venezuelans who have previously lived there, according to the Department of Homeland Security (DHS).

Trump, no champion of immigration, offered Venezuelan nationals protection from deportation in one of the final moves of his presidency. But he also “deported an unknown number of Venezuelans through a third country,” the Associated Press reported in October 2020.

Candidate Biden criticized Trump for the deportations, saying in October 2020 that “it’s abundantly clear he has no regard for the suffering of the Venezuelan people.” Yet President Biden is also deporting Venezuelans to third countries.

Beyond this inconsistency lies an even more nonsensical one. In March 2021, Biden’s DHS announced an 18-month “temporary protected status” for Venezuelans already present in the U.S. That designation, which protects migrants from expulsion, is reserved for people fleeing an “ongoing armed conflict,” “an environmental disaster, or an epidemic,” or “other extraordinary and temporary conditions.” The designation applies to 320,000 Venezuelans in the U.S. but excludes newcomers, despite the Biden administration’s explicit recognition that America should be a safe haven.

Colombia, despite its own political and economic challenges, has welcomed the 2 million Venezuelan refugees who have traveled there as Venezuelan President Nicolás Maduro drives the country into the ground. Colombia has even created a path to citizenship for its Venezuelan migrant population. But the U.S. is far better situated than Colombia to host Venezuelans, more than 5.4 million of whom have left their country since 2014 in what amounts to the second-worst refugee crisis in the world, topped only by the huge Syrian exodus.

Biden’s decision to send away refugees who are eager to become Americans belies his avowed “regard for the suffering of the Venezuelan people.”

By Design, Biden’s Border Crisis Actually His Biggest Success.


Biden gives illegal immigrants free tickets to ride buses that whisk them deep into the U.S. interior. Illegal aliens in Brownsville, Texas, score free cab rides to the airport, whereupon they jet off to Atlanta, Houston, and other cities.

Still other illegal aliens—including single adult males—board clandestine night flights that land after closing time in New York’s Westchester Airport and other airfields. As if in a “Saturday Night Live” sketch, illegal aliens without papers may use their arrest warrants as IDs to board aircraft. Specifically, this is Immigration and Customs Enforcement Form I-200, Warrant for Arrest of Alien.

And these are just the illegal immigrants that Customs and Border Protection intercepted. Biden let an estimated 500,000 “got-aways” get away. Where are they? Who knows?

Biden has had an entire year to improve this rapidly deteriorating mess. Instead, he hasn’t lifted a cuticle.

Having done nothing about this for a year, one must conclude that this is what Biden wants.

But why? Why would Biden willfully obliterate the U.S.-Mexico boundary and vacuum millions of illegal immigrants north?

Oh, that question is easy to answer:

Jared Bernstein, member of Biden’s Council of Economic Advisors:
“One thing we learned in the 1990s was that a surefire way to reconnect the fortunes of working people at all skill levels, immigrant and native-born alike, to the growing economy is to let the job market tighten up. A tight job market pressures employers to boost wage offers to get and keep the workers they need. One equally surefire way to sort-circuit this useful dynamic is to turn on the immigrant spigot every time some group’s wages go up.”

That’s one answer, the article continues with the primary answer i.e. population replacement.


The open “border” is designed to import the maximum number of Future Democrats of America. Biden and his ilk see these people as potential voters and, they reckon, a majority will be Democrats.

“For the Left, these policies are practically a fantasy come true,” Jessica M. Vaughan, director of policy studies with the Center for Immigration Studies, told me. “The Democrats think that, in the long run, these new arrivals will not only stock certain congressional districts with fresh bodies, but also become loyal Democrat voters.”…………….

Black Voters Sue NYC Over Noncitizen Voting, Claim it Violates Civil Rights Law

A group of Black New Yorkers sued the Big Apple’s Board of Elections, claiming that the new law allowing noncitizens to cast ballots in local elections violates federal civil rights law because the New York City Council passed the law in order to strengthen the voting power of certain racial groups, diluting the votes of other groups.

“They explicitly used race as a factor of demarking the voter groups that they wanted to give this privilege to and that is a direct violation of the 15th Amendment,” former Ohio Secretary of State Ken Blackwell, a member of the board of directors at the Public Interest Legal Foundation (PILF), which filed the lawsuit, told Fox News……………

Brother of Texas Synagogue Terrorist Reveals Akram Had a Criminal Record, Questions Why He Was Given a Visa

The brother of Malik Faisal Akram, the UK citizen who was shot and killed after an 11-hour hostage standoff at a synagogue in Texas, has claimed that his brother had a previous criminal record.

Gulbar Akram, the brother of terrorist Malik Faisal Akram, who took four hostages at the Congregation Beth Israel synagogue in Colleyville, Texas on Saturday, has revealed that his brother had a criminal record in comments to UK media, raising questions about how he was allowed into the United States……………..

Trust but verify‘ works for me.

“One thing I’ve learned is the Second Amendment is one of the most important amendments and you look at all my voting record. Listen, you watch this Congress itself—we believe in the Constitution,” McCarthy said.

Exclusive — Kevin McCarthy Pledges as Speaker He Will Not Consider Amnesty or Gun Control Legislation

House GOP Leader Kevin McCarthy told Breitbart News in an exclusive interview taped in December that the House would not consider any legislation that grants amnesty to illegal aliens if he becomes the speaker next year.

“We know first and foremost one of our greatest strengths is the rule of law, so you have to have an immigration system based upon the rule of law. You have to secure the border. The immigration system is broken and we’re going to fix it. Yes,” McCarthy replied when asked if he could pledge no amnesty would be considered under his leadership.

“Yes,” he reaffirmed when pressed again.

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As Biden’s Border Crisis Rages, Armed Texans Arrive to Round Up Illegal Aliens

A new Texas law is attracting armed groups with body armor, long guns and high tech drones to the border.

Some local officials are welcoming them, according to The Wall Street Journal.

The new law allows migrants to be arrested for trespassing. The armed groups intend to find the illegals and deliver them to law enforcement officials for arrest.

The Kinney County sheriff has been working with these groups for months. Former Border Patrol Agent Brad Coe has been on the lookout for help in deterring illegal immigration. “The whole premise is if [migrants] know they’ll be arrested, they’ll go somewhere else,” Coe said.

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I think El Presidente better learn to live with disappointment.

Mexican President Threatens U.S. Congressmen to Support Amnesty for 11 Million Migrants

Mexico’s President issued a veiled threat to Republican congressmen who oppose an immigration deal to grant amnesty to 11 million migrants who illegally entered the U.S. Politicians who oppose the forthcoming plan will be singled out and denounced during daily press briefings, he said.

During a morning press briefing this week, Mexican President Andres Manuel Lopez Obrador praised President Joe Biden, claiming no other U.S. counterpart had made a commitment to address 11 million illegal immigrants.

“He had committed to 11 million, to regularize the situation for 11 million immigrants,” Lopez Obrador said toward the end of the conference, adding the plan did not rest on Biden alone and he needed support on Capitol Hill.

“It depends on the Congress–it depends on this initiative being backed up and supported by the Congress,” he said. “By legislators from the Republican Party and the Democratic Party.”

Lopez Obrador said he hoped for unified support of the future initiative, but opponents would be directly attacked.

“We will make it known from here, that one party–their legislators–did not help something that is fair and humanitarian,” Lopez Obrador said.

The Mexican leader said that he would not accept a negative result and opponents would be made famous in his morning conferences.

What that ‘garbage’ exchange reinforces is the fact that SloJoe doesn’t really know what’s going on. Someone else is running the show and letting Biden believe he’s still in charge.

‘Perfectly Comfortable’ With Settling: White House Cleans Up After Biden Dismisses Report About Paying Migrants Separated At Border

White House principal deputy press secretary Karine Jean-Pierre said Thursday that President Joe Biden is “perfectly comfortable” with the Department of Justice (DOJ) settling with families separated at the border under the prior administration – just one day after the president dismissed reports of payouts as “garbage.”

“If it saves taxpayer dollars and puts the disastrous history of the previous administration’s [former President Donald Trump] use of zero tolerance and family separation behind us, the president is perfectly comfortable with the Department of Justice settling with the individuals and families who are currently in litigation with the U.S. government,” Jean-Pierre said following reports that the administration was considering paying illegal immigrant families separated at the border up to $450,000 each.

The report, published in The Wall Street Journal on Oct. 28, noted that the payments could come as the result of ongoing lawsuits filed on behalf of children and parents. The WSJ estimated that the total payout for settling could run $1 billion or more. Biden dismissed the report on Wednesday, calling it “garbage” and declaring it is “not gonna happen.”

“If you guys keep sending that garbage out, yeah, but it’s not true,” the president said when asked whether these settlements could incentive more illegal border crossings. “Yeah, $450,000 per person, is that what you’re saying? That’s not gonna happen.”

Jean-Pierre suggested Biden was not dismissing the substance of the report, but the dollar figure mentioned.

“What he was reacting to was the dollar figure that was mentioned … as press accounts today indicate, there’s been press accounts on this, DOJ made clear to the plaintiffs that the reported figures are higher than anywhere that a settlement can land,” she said, referring any further comments or questions to the DOJ.

The American Civil Liberties Union (ACLU), which represents families in one of the lawsuits according to the WSJ, hit back at Biden’s remarks later Wednesday. ACLU Executive Director Anthony D. Romero suggested to Fox News that Biden “may not have been fully briefed about the actions of his very own Justice Department as it carefully deliberated and considered the crimes committed against thousands of families separated from their children as an intentional governmental policy.”

“But if he follows through on what he said, the president is abandoning a core campaign promise to do justice for the thousands of separated families,” Romero continued. “We respectfully remind President Biden that he called these actions ‘criminal’ in a debate with then-President Trump and campaigned on remedying and rectifying the lawlessness of the Trump administration. We call on President Biden to right the wrongs of this national tragedy.”

Import thousands of unvetted ‘refugees’ and you don’t expect to get some rotten apples in the barrel?

ISIS Threat in Northern Virginia: Afghan Refugees?

Police chief Kevin Davis of Fairfax County, Virginia announced Friday that “we have increased our police presence throughout the county to include major thoroughfares, transit hubs, shopping plazas, and shopping malls.” This was reportedly in response to a terrorism threat; police sources said that their increased presence would last through Halloween weekend and possibly through election day on Tuesday.

The odd aspect of this announcement, coming as it does from deep-blue and electorally vulnerable Virginia authorities, is that the threat doesn’t come from those “white supremacists” we keep hearing so much about but who only ever seem to appear as deep fakes by the Left. Instead, it comes from that so-very-2015 threat that we all know is over and done with since the adults are back in charge: the Islamic State (ISIS).

ISIS, said CBS News, “has been more active since the U.S. withdrawal from Afghanistan in August. Officials say threats from the international terrorist group and al Qaeda are accelerating.” And according to the Department of Homeland Security’s intelligence chief, John Cohen, “Right now we’re seeing a dramatic increase — or an increase — in online activity by media operations associated with different al Qaeda elements and Islamic State.”

Meanwhile, Jack Posobiec of Human Events tweeted late Friday evening: “Two US officials tell @HumanEvents that the ISIS threat alert in Northern VA / DC region is related to Afghan refugees.” He added that some Secret Service agents “are concerned DC-area ISIS threat may be related to a report of 3 Afghan refugees who forced their way off a bus earlier this month.”

There is nothing incredible about this. Defense One reported in late August that “security screeners at Al Udeid Air Base in Qatar have detected that at least one of the Afghans who was evacuated from Kabul Airport has potential ties to ISIS, a U.S. official confirmed to Defense One.” How likely is it that he was the only one?

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Biden Wants to Give Illegals $450K

WASHINGTON—The Biden administration is in talks to offer immigrant families that were separated during the Trump administration around $450,000 a person in compensation, according to people familiar with the matter, as several agencies work to resolve lawsuits filed on behalf of parents and children who say the government subjected them to lasting psychological trauma.
The U.S. Departments of Justice, Homeland Security, and Health and Human Services are considering payments that could amount to close to $1 million a family, though the final numbers could shift, the people familiar with the matter said. Most of the families that crossed the border illegally from Mexico to seek asylum in the U.S. included one parent and one child, the people said. Many families would likely get smaller payouts, depending on their circumstances, the people said.
The American Civil Liberties Union, which represents families in one of the lawsuits, has identified about 5,500 children separated at the border over the course of the Trump administration, citing figures provided to it by the government. The number of families eligible under the potential settlement is expected to be smaller, the people said, as government officials aren’t sure how many will come forward. Around 940 claims have so far been filed by the families, the people said.
The total potential payout could be $1 billion or more.

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 Texas Gov. Greg Abbott makes good on border security threat, authorizes state National Guard to make arrests of illegal aliens in historic first.

Earlier this fall, Texas Gov. Greg Abbott, frustrated and angry at the Biden regime’s purposeful inaction on securing the border, stepped up and issued a threat: He will use his authority and empower his own personnel to start arresting illegal aliens in the absence of federal enforcement.

“By virtue of the power and authority vested in me by the Constitution and laws of the State of Texas, I hereby order that the Texas National Guard assist DPS in enforcing Texas law by arresting lawbreakers at the border,” Abbott’s letter to  Texas Adjutant General Major Gen. Tracy Norris said in July, when he first issued the order.

USA Features News, which reported on the declaration at the time, added:

Last month, Abbott said during a summit to discuss border security that any migrants who criminally trespass into Texas or commit other offenses would be subject to arrest and jailed.

In addition, the GOP governor announced plans to build new sections of border wall so as to plug gaps left when President Joe Biden canceled federal wall construction begun under the Trump administration.

In arguing as to why National Guard members should be empowered to make arrests, Abbott noted in his letter that “more manpower is needed” to deal with the hundreds of thousands of migrants who have been crashing the Tex-Mex border since Joe Biden took the oath of office for a presidency that was stolen on his behalf.

In addition, Abbott explained that according to the Texas constitution, his powers as “Commander-in-Chief of the military forces” of the state grant him the authority to issue arrest powers to his Guard troops.

Abbott also “likewise recognizes that the governor can call on state military forces ‘to enforce state law’ and ‘to assist civil authorities in guarding [or] conveying prisoners,’” said the letter.

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19? My foot. He’s well in his 20s if he’s a day old, and in pretty good shape for an Afghan ‘refugee’ (more like taliban infiltrator if you ask me)

Montana Cops Arrest Unvetted Afghan for Rape. Montana Rep. Rosendale: Remove Afghan Evacuees

Americans had better brace themselves for an unprecedented increase in rape and other sexual assaults now that the Biden Regime has imported 50,000 Afghan “refugees.”

Cops in Missoula, Montana, have arrested an Afghan refugee in connection with the rape of a woman at a hotel. Biden immigration authorities “paroled” him into the country without screening.

It’s not the first disturbing report about the “allies” who supposedly helped the U.S. war effort in Afghanistan. And it won’t be the last if what happened in Austria after a flood of “refugees” arrived there proves anything.

The Rape

In the wee hours on October 17, KGVO Radio’s Nick Chrestenson reported, workers at Marriott’s Residence Inn in Missoula noticed a young woman leaving the hotel “visibly upset and crying.” She is 18 years old.

“Shortly after the female exited the lobby, a male, later identified as 19-year-old Zabihullah Mohmand, followed the female outside and engaged in what the employee thought was a verbal disturbance,” Chrestenson reported.

Cops received two 911 calls; one from the woman, one from the hotel who witnessed the argument.

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Biden secretly flying underage migrants into NY in dead of night.

Planeloads of underage migrants are being flown secretly into suburban New York in an effort by President Biden’s administration to quietly resettle them across the region, The Post has learned.

The charter flights originate in Texas, where the ongoing border crisis has overwhelmed local immigration officials, and have been underway since at least August, according to sources familiar with the matter.

Last week, The Post saw two planes land at the Westchester County Airport, where most of the passengers who got off appeared to be children and teens, with a small portion appearing to be men in their 20s.

Westchester County cops stood by as the passengers — whose flights arrived at 10:49 p.m. Wednesday and 9:52 p.m. Friday — got off and piled into buses.

Some of them were later seen meeting up with relatives or sponsors in New Jersey, or being dropped off at a residential facility on Long Island.

A Post analysis of online flight-tracking data suggests that around 2,000 migrants nabbed after sneaking into the US from Mexico have arrived at the airport outside White Plains on 21 flights since Aug. 8.

NY post page one

Records show some of the planes touched down between midnight and 6:30 a.m. — when a voluntary curfew is in effect — with two arriving from Houston at 2:13 a.m. and 4:29 a.m. on Aug. 20.

The clandestine nature of the operation raises questions about how the White House is dealing with a recent surge in unaccompanied minors.

The most recent figures from US Customs and Border Protection show that just during July and August,  37,805 unaccompanied minors were caught entering the US from Mexico — sometimes after being abandoned  by professional  smugglers known as “coyotes.”

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Mayorkas: We won’t build a wall because it might work.

In an appearance on Fox News Sunday , Homeland Security Secretary Alejandro Mayorkas defended the Biden administration’s decision to allow thousands of illegal border crossers into the United States recently in Del Rio, Texas. Stopping them with a physical barrier — a wall or fence — is just not something the administration could “agree” with, Mayorkas said.

“Why did you allow them in the country in the first place?” asked host Chris Wallace. “Why didn’t you build — forgive me, a wall or a fence to stop them from walking — this flood of people coming across the dam, it looks like a highway that allows them to cross the Rio Grande.”

“It is the policy of this administration,” Mayorkas answered. “We do not agree with the building of the wall. The law provides that individuals can make a claim for humanitarian relief. That is actually one of our proudest traditions.”

The subtext of Mayorkas’s answer seemed clear: A wall or fence would stop people from crossing the border illegally, which would interfere with their right to “make a claim for humanitarian relief.” So there shall be no wall or fence.

What Mayorkas neglected to say was that the law also prohibits people from entering the U.S. without authorization. Mayorkas conceded that fact last March during a contentious hearing before the House Homeland Security Committee.

“Entering the U.S. between ports of entry is illegal, isn’t that right?” Republican Rep. Dan Bishop asked Mayorkas. “Yes, it is,” answered Mayorkas. “Are you prepared to say right now that it is wrong for people to enter the United States illegally?” Bishop asked at another point. “Of course I am,” said Mayorkas. “So it’s wrong to break the law, right?” said Bishop. “Of course it is,” Mayorkas said.

Mayorkas then told Bishop that the law also allows people “fleeing persecution by reason of his or her membership in a particular social group” to claim asylum in the U.S. “An individual who makes a claim of asylum is not breaking the law by doing so,” Mayorkas said.

So what is the story? The law to which Bishop referred is the part of the Immigration and Nationality Act that says, “Any alien who enters or attempts to enter the United States at any time or place other than as designated by immigration officers” shall be fined or imprisoned for not more than six months, or both. The penalty rises to two years for a second offense.

But the law to which Mayorkas referred to is another part of the Immigration and Nationality Act that says, “Any alien who is physically present in the United States or who arrives in the United States (whether or not at a designated port of arrival) … may apply for asylum.” (The asylum law has existed for a long time, but Congress added the “whether or not at a designated port of arrival” part in 1996.) The law also says the U.S. government can designate that the asylum-seeker wait in another country while his or her claim is adjudicated, saying specifically that it must be a country “in which the alien’s life or freedom would not be threatened on account of race, religion, nationality, membership in a particular social group, or political opinion.”

None of that applies to the people, almost all of them originally from Haiti, who crossed into the U.S. at Del Rio. Driven mostly by economic motives, they have no legitimate claim to asylum under American law.

And as for the law — simply stating that a person who is “physically present” in the U.S. can apply for asylum does not mean that anyone in the world can and should be allowed into the U.S. The authors of the law clearly did not anticipate mass illegal crossings by people with no right to asylum who are then admitted into the U.S. and allowed to disappear into the country on the premise that they will show up at some later date, sometimes years later, at an immigration proceeding. But the law allows Mayorkas to claim that the Biden administration has a legal responsibility not to stop people from crossing illegally into the U.S. — despite the other section of the law that specifically makes crossing without authorization a crime.

So look for Mayorkas and the Biden administration to continue to claim that they have no choice but to accommodate anyone who wants to cross illegally into the U.S. A wall or fence along the border would reduce those illegal crossings — but that is, apparently, the one thing the administration does not want to do.

DeSantis Moves To Stop Biden From Flooding Florida With Illegal Aliens From The Biden Border Crisis

Florida Governor Ron DeSantis on Tuesday announced new actions that his administration is taking to stop Democrat President Joe Biden from flooding the state with illegal aliens from the crisis that Biden created on the U.S.-Mexico border.

DeSantis’s office announced the following three actions in a statement:

  • First, Governor DeSantis has issued Executive Order 21-223 to prohibit all Florida agencies under the purview of the Governor from facilitating illegal immigration into Florida, unless otherwise required by federal or state law, and require the collection of information from state officials on the scope and costs of illegal immigration in Florida.
  • Second, Governor DeSantis announced the appointment of Larry Keefe, former U.S. Attorney for the Northern District of Florida, as Public Safety Czar to ensure the actions directed by the executive order are carried out.
  • Finally, Governor DeSantis and Attorney General Moody announced that Florida has filed suit against the Biden Administration challenging its “catch and release” policy.

DeSantis has previously pressed the Biden administration to provide transparency concerning where they are shipping the illegal aliens in the state, and the administration refused to respond.

“Although President Biden has been in office for only 251 days, the number of encounters at the Southwest border has skyrocketed from 78,000 in January 2021 to more than 212,000 in July 2021. The 171% increase is alarming and is the highest in more than 20 years,” the statement said. “Additionally, the number of illegal aliens who were apprehended and subsequently released by the Border Patrol in July alone was a staggering 60,607, a massive increase from the 1,324 in this category who were released in January. By contrast, in the last full month of the Trump Administration, only 17 aliens in this category were released.”

DeSantis said at a press conference, “We’re not going to be a party to this lawlessness, we haven’t to my knowledge, but we’re letting the marker down, know that this is an absolute red line, we’re not going to do it. And the order prohibits our agencies from providing assistance to the feds or any other entity for the transportation of folks who are here illegally into Florida from the southwest border.”

DeSantis later said that Biden’s border crisis was “one of the biggest failures of the federal government in my lifetime and it’s a choice, they’re choosing failure by embracing bad policies.”

Quotes from other notable figures at the press conference included:

  • Attorney General Ashley Moody: “The Biden administration’s brazen disregard for federal immigration law is jeopardizing the safety and security of our state and nation, all while costing Florida taxpayers. Biden’s lax border policy is an open invitation to dangerous criminals, human traffickers and drugs traffickers to enter the United States—creating a crisis at the southern border like we have never seen. Because Biden is not requiring those crossing the border to go through the legally mandated channels, they are coming into our country without being properly processed. The federal government cannot simply ignore federal laws because it does not agree with them politically. The Biden administration must implement the immigration policy required under federal law and we are asking the court to take swift action to reduce the harm caused by Biden’s inaction.”
  • Larry Keefe, Public Safety Czar: “As a former U.S. Attorney, I saw illegal aliens that would get deported and come back, and then get deported and come back in an endless cycle. The states, including Florida, bear the brunt of this cycle. Over the coming weeks and months, our state agencies will be addressing the impacts illegal immigration has had on our state. I want to thank Governor DeSantis for appointing me to lead these efforts.”

It’s 2 …… *clap* …… 2 …… *clap* …… 2 administrations in one!

Are we in a pandemic or not?

No one has done more to undermine the Biden administration’s vaccination strategy than Joe Biden. From his confusion over when to wear a mask and when not to wear a mask, to the lack of press conferences, on through the Delta variant, we arrive at Biden’s biggest optics crisis yet: 15,000 migrants flooding the southern border under a Del Rio, Texas, bridge in temperatures reaching 100 degrees.

Homeland Security secretary Alejandro Mayorkas confirmed last week that his department’s border officials did not test the some 12,000 to 15,000 migrants for COVID. He did say that some had fallen ill, but would not elaborate further. While appearing on Fox News Sunday, he told Chris Wallace that at least 12,000 of those same migrants were released into the country with a notice to appear in court, which is sure to be ignored by the majority of them, if history is any guide.

So to recap, thousands of migrants, who were not tested for COVID, and not vaccinated to anyone’s knowledge, were just released into the US and are most likely destined for urban city environments. This has been met with sympathetic shrugs from reporters, who have also made a point of highlighting when every mother or father of three who rejects the vaccine dies from COVID.

The Biden administration has offered American citizens an iron fist on vaccinations, to the point of instituting possibly unconstitutional mandates. His CDC demands that your children, as young as three years old, remain masked at their schools for all hours of the day, as well as at daycare. But when it comes to a refugee crisis, these mandates and demands suddenly dissipate. Either we are in a pandemic, where the Delta variant is burning its way across the United States and we must take every precaution to curb it, or we aren’t. Biden cannot have it both ways.

The sight at the border is first and foremost a public health crisis, one that neither our media nor the administration cared much about until they could deploy viral images from Twitter to smear border agents on horses.

The media and the administration are trying to have it both ways: shaming large gatherings like the Sturgis motorcycle rally and college football games, while remaining deathly silent on the large crowds of unvaccinated migrants. They are counting on playing the race card against anyone who dares to mention these hypocrisies. It’s a dishonest attempt to address the real optics of the situation.

America has always been a beacon for those looking for a better life. In the absence of a year-long pandemic, the conversation would and surely should turn to an open-border policy. But right now, the focus should be on public health and saving lives, or so we’ve been told.

Either we are in a pandemic or we aren’t. Strict rules remain as to who can and cannot travel here from Europe by airplane and through customs, American citizen or not. Some Democratic governors and mayors have reinstituted mask mandates. Why should the public listen any longer to an administration that lectures them on the dangers of being unvaccinated and the scourge of COVID variants, when they are also bent on flooding your community with unvaccinated and untested new residents?

Joe Biden is not merely failing in his vaccine messaging; he is failing the American people. The goal should be to shut down the virus, as we were told. That has to start by implementing strict border controls on everyone, whether it’s by airplane or by river crossing. Once that is taken care of, we can resume the age-old immigration debate.

Joe Biden’s Susan Rice: Alejandro Mayorkas

It’s one thing for doddering Joe Biden to utter something inchoate about the border crisis he himself created, but it’s quite another when a sane person comes out to explain and justify the same senile fact-free gibberings as something normal.

This brings us to Homeland Security chief Alejandro Mayorkas, who was sent out by the White House to do the Sunday talks, in what’s obviously the same role that Susan Rice played in the Benghazi days of 2012.  He’s the designated liar.

Here he is, on Fox News Sunday with Chris Wallace, via YouTube:

Here he is on CNN with Jake Tapper via YouTube:

While he’s unflappable, he isn’t quite as good a liar as Rice was, given that he laid out a lot of damning facts, calmly and coolly, apparently in the vain hope that his demeanor would entice the press to simply glide on by with those facts as something normal.

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