by Patricia Anthone, America Outloud:
Although leftist mayors such as Denver Mayor Michael Johnston and Tucson Mayor Regina Romero are in the spotlight over their threats of armed insurrection ⎯ their promise to deploy their respective police forces against Federal Immigration agents ⎯ the more prevalent impediment to deporting foreign criminals may be the Leftists’ organized plan to clog the courts with individual cases for each of the several hundred thousand foreign criminals being harbored by Leftist-run cities.
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Their strategy is based on imposing a due-process burden of proof (that a given person is not legally present within the US) on the government’s deportation action AS IF that action were subject to the same Constitutional constraints as a criminal prosecution. Deportation is NOT a criminal penalty, and it is, therefore, NOT subject to the same constraints that burden a criminal prosecution.
When facing deportation, the foreign national, not the US government, bears the burden of proof.
Understanding this is critical because it means that the deportation of persons who lack proof of legal presence need not entertain arguments “in defense,” as would be the case if the person were facing criminal penalties. The only exception to this is a legitimate claim of asylum (meaning demonstrable existence of imminent deadly threat) made by the foreign national.
Like so many other aspects of objective reality and established law denied by Leftists, the legitimate authority of the US Government to remove illegally present aliens is simply being ignored and replaced with an aggressive PR campaign designed to promote the idea that every illegal alien “deserves access to attorneys” to fight his or her deportation.
UNIVERSAL REPRESENTATION – a “public defender” for every illegal immigrant targeted for deportation, is the goal of the Vera Institute of Justice’s SAFE Network, a nationwide network of NGOs dedicated to creating impediments to the deportation of illegal aliens. The strength of this approach lies in the time and public resources consumed by litigation, not any legitimate claims to lawful presence.
How did US immigration get turned on its head?
Only 12 years ago, the President of the Leftmost administration ever to govern the US publicly acknowledged the danger of offering tax-funded assistance to illegal aliens. Doing so incentivizes more illegal crossings while placing a limitless burden on the American taxpayer. In 2012, these realities were openly articulated by Obama and other leading members of the Democrat Party. When an outspoken congressman yelled, “You LIE,” in response to Obama’s claim that illegal aliens would NOT receive tax-funded healthcare, Obama was outraged. Indeed, no one believed that Obama intended to extend tax-funded healthcare to illegal aliens!
FAST FORWARD to today:
Leftist-controlled states have enacted the codified corruption of “sanctuary” laws, which attract foreign criminals to jurisdictions actively shielding them from deportation. This corrupt pursuit didn’t take long to cultivate thriving criminal enterprises, which quickly spread to surrounding communities.
The phrase, “regardless of immigration status,” as relates to TAX-FUNDED benefits of all kinds (some for which Americans are ineligible) has become a Leftist litmus test of humanitarian purity. As a direct result, Leftist jurisdictions (including the Federal government, through Jan 20th, 2025) seem in competition to provide the most attractive array of tax-payer-funded “benefits” to citizens of foreign nations. Now deemed “undocumented migrants,” they are offered tax-funded debit cards, phones, plane tickets, housing, healthcare, education, legal representation, and other services that aren’t even provided to American citizens.
Whether we use the term illegal or undocumented to describe the foreign nationals that are here illegally, three facts are undeniable.
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