Obama surrogate, Federal Judge Denise Casper, committed the latest act of judicial tyranny on July 24, a date that will live in the annals of dictatorship from the bench.
Casper claimed that removing the Temporary Protected Status (TPS) of illegal and temporary immigrants from El Salvador, Honduras, and Haiti is racist. Therefore, she contravened the executive order of the President and prevented the removal of TPS from the immigrants of these nations.
Exactly why Casper's order overruling the Presiden's EO was a violation of established law, we need to understand what TPS is.
TPS was created by Congress in 1990 to protect the deportation of immigrants, legal and temporary, with these requirements:
(1) Their safety would not be put in peril;
(2) The Secretary of Homeland Security has the discretion to decide when a country merits a TPS designation;
(3) Nationals from a TPS nation shall not automatically receive TPS but must register during a specific registration period and pay a significant fee; and
(4) TPS designation is made on a 6, 12, or 18-month period.
We'll consider each starting with (1) considerations for the safety of the returnee. These include:
• No ongoing armed conflict such as a civil war
• No environmental disaster such as an earthquake, hurricane, or epidemic
• No extraordinary situation that makes one's home country unsafe
None of these conditions currently apply in El Salvador, Honduras, or Haiti.
Number (2) the role of the Secretary of Homeland Security.
The current head of this department is Kirstjen Nielsen. There is no indication that Secretary Nielsen was consulted or involved in Casper's ruling. Granting TPS is at the sole discretion of the head of Homeland Security, not a federal judge.
Number (3) the responsibility of the person facing deportation.
Bestowing TPS is done on an individual basis. Moreover, the person protesting eviction has a specific time window to file his petition and must pay a fee.
Casper's blanket TPS is without precedent. It was based on her view of justice, not law.
Number (4) TPS is given and renewable on a 6, 12, or 18-month period.
Unfortunately, TPS has turned into a de facto immigration program from countries that have endemic social, economic, and political strife. This loophole has turned "Temporary" Protected Status to become permanent for 300,000 immigrants.
There's nothing wrong with the law; it's the slop-shod way in which it is applied to mass numbers, rather than on a case-by-case consideration.
About 400,000 immigrants are slated to return to their home nation unless they qualify for an extended stay. The Trump administration has made the determination that the countries in question no longer pose a threat to their safety. But Judge Casper disagrees and she---not the President nor the Secretary of Homeland Security---has the final word.
Looking into the qualifications of Judge Casper reveals a glaring flaw in how judges are approved. Her academic qualifications are stellar. She received a B.A. from Wesleyan University in 1990 and her J.D. from Harvard Law School 1994. Casper has extensive experience as an assistant district attorney.
So wherein is the lack?
It is in her understanding of justice, which is in the eye of the beholder, as opposed to written law narrowly interpreted and precisely applied, and an abhorrence of legislating from the bench.
These qualifications were considered in the President's Supreme Court appointment of Neil Gorsuch to replace the deceased Justice Antonin Scalia. Gorsuch is an Orientalist, one who interprets the Constitution as understood by its framers. Cases not explicitly cited in the Constitution shall be returned to the states.
Similarly, the President's nominee, Brett Kavanaugh, to replace retiring Justice Anthony Kennedy is also an Orientalist.
This judicial philosophy will figure prominently in the President's third Supreme Court replacement, possibly Justice Ruth Bader Ginsburg.
We wish no one ill, but the fact is that Justice Ginsburg is 85 years old and has pancreatic cancer, a particular virulent tumor. Perhaps her age and health will force her retirement.
If Justice Ginsburg steps-down, a majority of six Orientalists on the nine-member Supreme Court will spell the end of the Left's 60-year reign of rulings from the bench---rulings so unpopular that they would never have been enacted via the ballot box.
Aah well, as the Left was once fond of saying, Power to the People.
Bob Scroggins, New Milford, PA
Being that legal tax paying citizens of the USA are paying for Financial Aid to Foreign Countries via the tax dollars they pay to the US Federal Government, one way to have Mexico help the USA pay for that wall that President Trump wants to have built would be to give Mexico 2% of the total amount of financial aid the USA normally gives to Mexico every year until the total cost of the wall is finally paid off. Isn't that a brainstorm of an idea of how to have Mexico help the USA pay for that wall?
Does anybody else have any better ideas of how to have Mexico help the USA to pay for that wall? If so, send letters to Editors across the USA about your ideas and ask them to publish your letters in their newspapers. Hopefully, some Editors will!
If the USA ever has open borders, it will be the final ruination of our country!
John Hollenback, Greenfield Township, PA