by Corinne Murdock | Dec 28, 2022 | News
By Corinne Murdock |
On Tuesday, Arizona succeeded in its effort to continue Title 42, a Trump-era activation of the policy enabling the rapid expulsion of illegal immigrants.
The Supreme Court (SCOTUS) on Tuesday blocked the D.C. District Court ruling last month ordering the Biden administration to lift Title 42 by Dec. 21. The policy will remain in place pending a hearing before the court on the question of whether states, including Arizona, may intervene to challenge the district court’s order.
Judge Emmet Sullivan, a Bush appointee, asserted that Trump’s initial implementation of Title 42 was unlawful. Although the Biden administration benefitted from the ruling, they appealed on Sullivan’s judgment of Trump’s use of Title 42.
Attorney General Mark Brnovich, who championed legal efforts to continue Title 42, said in a press release that this decision would ensure Americans’ safety where the Biden administration wouldn’t. Brnovich noted that Title 42 under the Biden and Trump administrations resulted in the expulsion of over 2.4 million immigrants.
“It’s disappointing [that] the Biden administration is willing to sacrifice the safety of American families for political purposes,” said Brnovich.
READ THE SCOTUS ORDER HERE
SCOTUS will fast-track the case for oral argument during its February session (Feb. 21 to March 1). Arizona and 18 other states petitioned SCOTUS last Monday to keep Title 42 in place, after the D.C. District Court denied their intervention.
One conservative-leaning justice, Neil Gorsuch, joined the liberal court’s opposition. Gorsuch wrote in his dissent, joined by Justice Ketanji Brown Jackson, that Title 42 should be done away with since the border crisis doesn’t quality as a “COVID crisis.” Justices Sonia Sotomayor and Elena Kagan also opposed the order, but didn’t join in Gorsuch’s dissent.
“[T]he emergency on which those orders were premised has long since lapsed,” wrote Gorsuch. “[The states] do not seriously dispute that the public-health justification undergirding the Title 42 orders has lapsed.”
Gorsuch rejected Arizona and the other states’ arguments that Title 42 should remain untouched since it was their only means of securing the border. He clarified that he found the states’ concerns about the border crisis valid, but repeated that Title 42 was meant only to curtail communicable diseases, not the other issues stemming from an unsecured border.
“[C]ourts should not be in the business of perpetuating administrative edicts designed for one emergency only because elected officials have failed to address a different emergency. We are a court of law, not policymakers of last resort,” wrote Gorsuch.
READ THE DISSENT HERE
Title 42 of the Public Health Services Act has existed since 1944. The policy enables the Centers for Disease Control and Prevention the power to block illegal immigration into the U.S. to protect Americans from contagious diseases. This policy even applies to asylum seekers. Former President Donald Trump utilized the policy at the start of the COVID-19 pandemic.
A federal judge blocked the Biden administration from lifting Title 42 in May. However, requirements to keep the policy in place have curbed the border crisis little, with reports revealing that the Biden administration covertly subverts the policy regardless of court orders and public promises earlier this year.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
by Dr. Thomas Patterson | Oct 14, 2022 | Opinion
By Dr. Thomas Patterson |
Pundits commonly depict the ongoing calamity at our border as the result of Biden administration incompetence. As with inflation, urban crime, and the deficit, their near-complete lack of insight and management skills is leading us over a cliff.
But this analysis itself is a major error. They know exactly what they are doing, and they are doing it well. They are executing a long-range plan that is achieving great success.
The Biden administration is doing everything it can to bring as many illegal immigrants across the border as possible, braving considerable political blow-back to achieve their goals. They believe the mostly unskilled, uneducated migrants will gravitate to the party that promises more government benefits and thus ensure Democratic dominance indefinitely.
So, they alternately claim the border is actually “closed” and admit they are concerned but don’t know what to do about it. Now, admittedly some of the Washington Dems aren’t that bright, but it’s not possible to be so stupid as to not be able to see what is happening here.
Immediately after his inauguration, Biden announced the border was open and reversed the Trump policies, “Remain in Mexico” and “Title 42,” that had limited illegal border crossings. Now, illegal immigrants face no consequences if they defy the border police and make it across the line.
Instead, they are treated humanely, fed, housed and released into America, usually with a deferred asylum hearing which most don’t attend, since few have legitimate asylum claims. Yet our VP border czar pretends not to understand why five million illegal immigrants have crossed the border on her watch or what to do about it.
But open borders advocates gave away the real game. Czar Kamala, and others, said a plan to control the border might be worked out if Republicans would only “come to the table.” However, the only way to control the border would be through “comprehensive immigration reform,” which is their euphemism for amnesty.
So, there you have it. Democrats are okay with cranking up a situation so intolerable that Republicans will be forced to grant citizenship to the millions who entered America illegally.
Not long ago, Democrats Hillary Clinton and Barack Obama called for strict border enforcement to protect the wages of low-income workers. Democratic opinion changed when the offspring of 20 million or so illegal aliens began to vote as anchor babies.
California has become a one-party state, and several other western states seem poised to follow suit (although the Democrats’ grip on Latino voters may be fading as they become Americanized).
Playing-dumb Democrats aren’t the only group that benefits from open borders. Foreign governments benefit from billions of dollars of remittances, money that immigrants send back home saved from their earnings and, often, government subsidies they receive here.
The political champions of racial grievance benefit from a large community of immigrants whose relative poverty purportedly is proof that America is nativist or racist. Thus, Latino welfare organizations, academic departments, lawyers, and political organizations are required to remedy this lack of social justice.
Employers clearly benefit from a pool of young compliant workers who work for wages and conditions unacceptable to growing numbers of Americans. Caring progressives not only get a cause to pontificate for, but nannies, gardeners, and housekeepers to make their lives easier.
Of course, illegal immigrants benefit too, although they successfully competed against a legal applicant who waited and played by the rules. But unlike legal immigrants, illegals don’t come because they love America and want to become loyal Americans.
Their illegal entrance shows their disdain for the Rule of Law. Many cheered wildly when socialists like Hugo Chavez of Venezuela promised to confiscate land and assets from “the rich” and give it to “the people,” ultimately resulting in the economic devastation they are now fleeing.
Americans are bound together as a nation not by blood or soil, but by the values and ideals which brought us freedom and prosperity. Our future depends on an immigration policy which selects for immigrants, of any color or ethnicity, who understand this and want to share with us not only the privileges, but also the responsibilities, of being an American.
Dr. Thomas Patterson, former Chairman of the Goldwater Institute, is a retired emergency physician. He served as an Arizona State senator for 10 years in the 1990s, and as Majority Leader from 93-96. He is the author of Arizona’s original charter schools bill.
by Terri Jo Neff | May 22, 2022 | News
By Terri Jo Neff |
The announcement that a federal judge has temporarily blocked President Joe Biden and his administration from lifting a Title 42 public health order at the Mexico border on May 23 was welcomed news to the communities and law enforcement agencies still reeling from the ongoing influx of undocumented migrants which started after Biden was sworn in.
Federal officials admitted to Judge Robert Summerhays with the U.S. District Court for the Western District of Louisiana that once Title 42 is fully lifted, the number of border crossings are expected to “increase significantly” to as many as 18,000 migrants each day. As a result, last Friday the judge granted a request by 21 states for a preliminary injunction which forces the White House to comply with various federal rules before making any more changes to Title 42 enforcement.
In March 2020, the Centers for Disease Control and Prevention (CDC) under President Donald Trump invoked Title 42, which is part of the Public Health Services Act of 1944 aimed at preventing the spread of communicable diseases in the country. Title 42 allows federal officials to suspend the right to introduce migrants -including those seeking asylum- by sealing the land borders into the United States and expelling crossers back into Mexico or return them to their home countries.
Biden later loosened Title 42 to no longer apply to unaccompanied children or to certain migrants who can show a “significant law enforcement, officer and public safety, humanitarian, or public health” interest.
For the month of April 2022, only 42 percent of crossers were expelled under Title 42, according to a report issued by Rep. John Katko of New York. By then, the CDC had announced Title 42 would end May 23, to be replaced by unspecified plans to control COVID-19 in other ways.
Arizona is among the states named as plaintiffs in the lawsuit, which contends the end of Title 42 will bring “much greater numbers of paroled aliens with non-meritorious asylum claims who were induced to enter the United States because of the Termination Order.”
Summerhays was assigned the states’ lawsuit and issued a temporary restraining order against Biden, the CDC, and federal immigration officials to keep Title 42 in place until the legal challenge is complete.
Part of that challenge involves ensuring the U.S. Department of Homeland Security has a workable a plan ready to implement for border operations once Title 42 is lifted. The Administrative Procedures Act (APA) requires a public notice period, with sufficient time for comment, before the CDC’s Title 42 order can be ended. And there is a requirement that the CDC show its proposed change is not “arbitrary and capricious.”
The lawsuit contends keeping Title 42 in place until an APA-compliant plan is in place will prevent “an imminent, man-made, self-inflicted calamity: the abrupt elimination of the only safety valve preventing this administration’s disastrous border policies from devolving into an unmitigated catastrophe.”
Summerhays was asked to change the temporary order into a permanent injunction, which he considered last week. His May 20 ruling notes the states provided sufficient evidence to support their argument that the CDC’s announced termination of Title 42 will increase community and state costs for healthcare, education, and public safety as a result of “increased border crossings and that, based on the government’s estimates, the increase may be as high as three-fold.”
Arizona Attorney General Mark Brnovich called Summerhays’ ruling “a significant win,” and noted that maintaining Title 42 for now is vital.
“I’m grateful to the court for upholding the rule of law and helping maintain some level of sanity as we continue to battle the Biden-made border crisis,” Brnovich said.
In the meantime, U.S. Border Patrol Chief John Modlin of the Tucson Sector continues to tweet about the never-ending group of undocumented migrants and deadly fentanyl coming across the southwest border.
Modlin announced earlier this month that Tucson Sector agents hosted a binational training for immigration officers assigned to the Instituto Nacional de Migración. The training held at the Nogales Station included first aid and fentanyl exposure. It will enhance the handling of emergencies along the shared border, Modlin noted.
Modlin also recently hosted a delegation from Poland and the Baltic states to discuss border security best practices. And he shared information about that two large groups of had been encountered by USBP agents near Lukeville.
Those taken into custody were citizens of Brazil, Chile, Cuba, Guatemala, and Peru.
by Corinne Murdock | May 22, 2022 | News
By Corinne Murdock |
Secretary of State and Democratic gubernatorial candidate Katie Hobbs declared it was “ridiculous” that the border crisis was a core issue for the governor’s race. Hobbs made the remarks during an interview with the Arizona Republic.
Hobbs asserted that it wouldn’t matter how she talked about the border because Republicans would only twist her words. It is unclear whether her observation came from recent controversy over her apparent reversal on the Biden administration’s plan to rescind Title 42.
“It’s ridiculous that we are talking about this as a core issue in the governor’s race,” said Hobbs. “I could stand here and say ‘Build the wall,’ and they’re gonna call me open borders. It doesn’t really matter what I say for the Republicans, they’re going to just misconstrue everything.”
Hobbs’ latest statement appears to be a pivot from her remarks issued last October, when she insisted that alleviating border crisis pressures would be one of her primary focuses as governor.
“The situation at our border puts pressure on all our communities. We have to reduce illegal border crossings in a way that promotes security and safety for everyone and most efficiently uses taxpayers’ dollars,” said Hobbs. “Arizonans need a leader who is learning from the officials who are on the front lines and understand this important issue best. I’m committed to listening, learning, and working on the ground to ensure our borders are secure.”
Hobbs also changed her perspective on the revocation of Title 42 recently. Within one month, Hobbs shifted her public message from supporting Title 42’s immediate end because it “isn’t working” to declaring that doing so would be a “rash decision” that would result in a “disaster.”
Hobbs hasn’t been the only Democratic candidate for a state-level office to dismiss border concerns this week. Democratic congressional candidate and former state senator Kirsten Engel went one step further, arguing that the current state of the border doesn’t constitute a crisis.
Engel issued that assessment during a Wednesday night debate hosted on “Arizona Horizon” by PBS. Engel’s Democratic opponent, State Representative Daniel Hernández Jr. (D-Tucson), contended with her denial of the border crisis.
Hobbs and Engel represent a greater division within their party on the significance and reality of the border crisis. Hobbs’ opponents, Aaron Lieberman and Marco Lopez, have each offered their own takes. Lieberman has said he will defer to federal actors to work out the border crisis.
Lopez has insisted that rhetoric painting the border situation as dangerous was misleading.
“There is no invasion,” said Lopez.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
by Dr. Thomas Patterson | May 1, 2022 | Opinion
By Dr. Thomas Patterson |
The invasion crisis on our southern border is baffling. How could this outrage be happening?
The White House wants you to believe that they’re powerless to stop it. They’re willing to appear negligent and/or stupid to keep the wheels turning.
But there’s only one possible explanation that holds water: it’s a plan. And it’s working, as the border zone is flooded with millions of illegal immigrants, almost all of whom will stay permanently and lay the groundwork for an invincible voting bloc in the future.
If they sincerely wanted to do something about it, officials wouldn’t have to do any complicated thinking. Just stop egging on illegal immigrants to come and reinstate the Trump-era policies that were at least somewhat helpful.
You have to almost admire the masterminds of this catastrophe for persevering in the face of growing bipartisan revulsion at this inhumane tragedy. They are playing the long game—even at the price of taking short-term political hits.
In contrast to the helpless-to-resist image they’re trying to peddle, they’re contemplating the revocation of Title 42, a Trump era rule allowing migrant crossings to be turned away for public health reasons. Homeland Security projects ending Title 42 would result in an inconceivable 18,000 migrant crossings daily, up from our already unmanageable 7,000. At that rate, by the end of Biden’s term, one in five American residents would be here illegally.
Americans don’t need to be told the results of massive illegal immigration. We live it daily. Illegal immigrants by law have access to our emergency rooms. Over half of the newborns at LA County Hospital are newly minted American citizens born to illegal immigrant parents at taxpayer expense.
Illegal immigrants crowd our schools, forcing our already stressed educational system to divert focus to ESL instruction. Moreover, they undercut unskilled American workers and drive down their wages.
They also contribute to our burgeoning crime problem. The number of criminals who have evaded Border Patrol is obviously unknown, but over 40 migrants on the terror watchlist have been apprehended in addition to those who have slipped through. Enough fentanyl has been imported for every single American to have taken a fatal overdose.
But America’s greatest threat from massive illegal immigration isn’t the effect on our safety, our education, nor our healthcare. It’s not the welfare and correctional services illegal immigrants consume. The greatest danger is losing our nationhood.
America is uniquely a nation based not on geography nor blood but on its values and ideals. We have amply demonstrated our ability to absorb large numbers of immigrants who love America, who come because they want to be Americans and share our values and ideals, established in our Declaration and Constitution.
Illegal immigrants, by contrast, begin their relationship by defying a foundational principle that has made the U.S. a magnet for immigrants since its creation: the Rule of Law. This is the belief that we are ruled by laws, not men (people), and that each of us stand as a free and equal individual before the law.
Unfortunately, this tsunami of immigration from socialist autocracies where corruption is the norm is occurring at a time where in America is struggling with growing levels of tribalism. E pluribus unum is fading as many Americans now identify primarily as members of a political, racial, or other group that competes for favors from government.
Assimilation is now scorned as a micro-aggression. America is regarded by its own citizens as oppressive and bigoted.
Tens of millions of illegal immigrants who neither know nor care about America’s defining values don’t bode well for our future. In a decade or two, we’ll undoubtedly begin to hear about how they “deserve” citizenship, they’ve been here a long time, don’t have any other home, and so on. Our unity as Americans will become more fractured.
Americans are historically compassionate and resilient. But it is past time for Americans to reinforce the crucial distinction between illegal and legal immigrants.
It’s not racist or xenophobic to protect our borders from those who ignore our principles but want to enjoy the fruits of our success. It is crucial to the survival of America as we know it.
