Win or Lose in Court, Team Biden Plays a Long Game on Illegal Immigration
A federal judge is dueling with the Biden administration after the reported release of some 2,500 migrants into the U.S. last weekend.
Judge T. Kent Wetherell has threatened to hold Department of Homeland Security (DHS) officials in contempt of court for violating his order temporarily blocking parole at the border. Late Monday, the judge, sitting in Tallahassee, Fla., denied a motion by Department of Justice attorneys for a stay of the restraining order.
The DOJ lawyers’ plea was comical, if not contemptible. In part, they argued that halting the administration’s wholesale parole program “irreparably harm[s] the United States and the public by frustrating measures that are necessary to secure the border and protect the health and welfare of both migrants and Border Patrol agents, in light of the significant increase in the number of non-citizens [sic] who have arrived and are expected to continue to arrive in the coming days.”
Unmoved, Wetherell responded that he expects to issue a preliminary injunction. That will likely trigger an appeal by the DOJ lawyers.
While Judge Wetherell keeps President Biden’s barristers busy and on the defensive, the administration may yet wriggle off the hook and get its way. Try this scenario:
If prevented from paroling illegal aliens en masse, the Border Patrol will simply resume handing them notices to appear with 2028 court dates and release them, never to be seen again. In fact, this had been standard procedure for months. Unable to secure amnesty by legislation, the administration is crassly using these extra-legal admittances instead.
It’s not a stretch to see bulk admissions followed by a giant wave of green card marriages and bogus family-based green card applications. Once applications are pending, no liberal immigration judge will order deportations, so these folks will be allowed to stay pending adjudication, which will take an overwhelmed U.S. Citizenship and Immigration Services (USCIS) too long to process.
This scenario will necessitate the hiring of thousands more compliant USCIS officers who will dutifully rubberstamp everything. (Former USCIS Director Alejandro Mayorkas, now DHS secretary, set the tone at the agency where he catered to immigrants as “customers” and harried adjudicators to issue green card approvals.)
Once a million or so green cards are issued, the approximately 15.5 million illegal aliens who preceded them will clamor for a “path to citizenship.” Open-borders lawmakers will proclaim: It’s not fair that we gave recent arrivals a path to citizenship when there are others who have been living and working here for decades. We need to amnesty them and bring them out of the shadows. It would be unjust and impractical to deport them all.
Even if Team Biden can’t use parole to generate green card eligibility, this administration’s evisceration of border security will continue to stuff the country full of illegal aliens. The deliberate handcuffing of law enforcement will ensure that deportations from the interior keep dwindling and border gotaways keep rising.
While Judge Wetherell’s efforts to uphold immigration laws are commendable and correct, we can be certain that the Biden administration will remain unrelenting in its effort to defy his orders and find new ways to circumvent our laws.