(Chad Mizelle, Real Clear Wire) — The liberal media melted down last week as the Department of Homeland Security’s top attorney, James Percival, criticized “the worst of the worst” activist judges who are blocking President Trump from securing our borders and our homeland.
The American people should be outraged – not by the rebuke of a top federal official, but by the judges who are overstepping their authority and putting us in danger.
President Trump is doing what people reelected him to do: secure our Southern border and deport the tens of millions of illegal immigrants who were allowed in this country by the Biden administration and previous administrations. But a small number of activist federal district judges have issued rulings contrary to the law that have made this a lot more difficult, frustrating the will of the voters.
The examples are especially shocking when you get past the liberal media spin. The Trump administration has now repeatedly won at the Supreme Court on the president’s ability to end Temporary Protected Status (TPS) for immigrants from specific countries. For example, people allowed to come here temporarily after 1991’s violence in Somalia are still here 35 years later. Some 50,000 Hondurans were permitted to come here after 1999’s Hurricane Mitch; President Trump ended their temporary status last September. The administration was sued for finally ending TPS for multiple countries, and the Supreme Court upheld the Trump position that temporary means temporary. Yet today, even after the Supreme Court ruling, rogue judges in Massachusetts and Illinois continue to deny the President the ability to terminate TPS.
An even more ridiculous example is that the federal government still has not been allowed to deport Kilmar Abrego Garcia, an illegal alien who has no legal right to be here. Why? Because a district judge ordered Garcia, a suspected gang member, released into the United States. The Trump administration is appealing that ruling, too, spending valuable time and taxpayer dollars defeating yet another activist ruling by a rogue judge.
Rather than defend these indefensible judicial rulings, the liberal media are attempting a sleight-of-hand trick and are attacking Percival for criticizing judges by name. This is laughably hypocritical, since U.S. District Judge Indira Talwani targeted Percival directly in an official judicial opinion. Some of the left’s greatest heroes have said far more bombastic things than the Trump DHS has ever said, and they did so without journalists hyperventilating. President Obama broke centuries of precedent by castigating the Supreme Court in person during the State of the Union Address over the Citizens United case, causing a visible reaction of disbelief by Justice Alito. Sen. Schumer all but threatened Justices Gorsuch and Kavanaugh by name that “you will pay a price. You won’t know what hit you if you go forward with these awful decisions.” Sure enough, deranged leftists have attempted to murder Justice Kavanaugh and Justice Barrett ever since that hateful speech, yet we never hear the media call for Sen. Schumer to exercise civility.
Advertisement
By now, the left’s playbook is obvious: Activist judges usurp power that they do not have to block the Trump administration, and then liberals in the media run interference for them, distracting the public with manufactured outrage. The goal is to run out the clock on the Trump era. The critics tell Percival to simply appeal these rulings without criticizing judges, but the appeals cost the department months of time in a brief four-year presidential term, which is exactly what the left wants. The public needs to know the agenda they voted for is being thwarted by activist judges.
As DHS’s top lawyer, Percival is right to call out rogue district judges and make clear that activist rulings will be appealed and overturned by the higher courts. I held Percival’s job during the first Trump administration, and I faced many of the same challenges from activist judges. The Department has an obligation to correct misinformation and false impressions in the public, especially those that will encourage more illegal immigration, visa overstays, and other lawbreaking.
Judges are public servants with a public trust, and the Constitution says that they are to hold their positions only on condition of “good behavior.” The Trump administration must continue to call them out, continue to get their rulings overturned, and continue to carry out the mandate of the voters. Either America will finish the fight against illegal immigration or illegal immigration will finish America.
Advertisement
Advertisement