Obama-Nominated Judge Orders Return to Catch and Release Policy
Obama-nominated Judge Dolly Gee dealt a blow to both the Trump administration and the rule of law on Monday with a ruling that orders a return to the failed, unethical, illegal catch-and-release policies that have allowed illegal immigration to get to the unmanageable state it is in today.
Gee ruled that when an illegal immigrant crosses into the U.S. with a minor child, they must be processed and immediately released to await their court date. In practice, this means that very few of these migrants will ever be seen by immigration officials again. They will descend into the shadows and wait until we once again have a legislature and/or president who deems them fit for amnesty.
Gee’s ruling comes about as a result of a case in which the Department of Justice asked the court for a revision to the 1997 Flores decision, in which the court ruled that child migrants could not be detained for more than 20 days. In order to get around the family separation crisis that led to so many terrible headlines, the Trump administration wanted to revise that ruling so that children and adults could be kept in detention together, solving two problems at once. In her decision on Monday, however, Gee stomped on any possibility of a compromise. The only solution thus left on the table is a return to catch-and-release; in other words, the abdication of American immigration law.
“Defendants seek to light a match to the Flores Agreement and ask this Court to upend the parties’ agreement by judicial fiat,” wrote Gee. “It is apparent that Defendants’ Application is a cynical attempt to shift responsibility to the Judiciary for over 20 years of Congressional inaction and ill-considered Executive action that have led to the current stalemate.”
Well…sort of. More like an attempt to find some loophole through which the Trump administration could enforce the law without having a bajillion bleeding-heart liberals crying their eyes out on national television. But of course, that was not to be, because the moment Trump switched from family separation to family detention, the same people who said that family separation was the worst crime in American history – duh, duh, duh, DUHHHH – decided the same was true of the new policy. It was immediately exposed that liberals wanted only one solution: For the Trump administration to go back to the old, Obama-era policy of…not really enforcing the law at all.
And that is exactly what Judge Gee has ordered them to do.