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Supreme Court helping Trump undo one of Biden's most egregious migrant moves
Supreme Court helping Trump undo one of Biden's most egregious migrant moves

New York Post

time01-06-2025

  • Politics
  • New York Post

Supreme Court helping Trump undo one of Biden's most egregious migrant moves

On Friday, the Supreme Court allowed President Trump to suspend a program that provided 'parole' to 500,000 aliens from Cuba, Haiti, Nicaragua, and Venezuela. Democrats are crying foul, saying Trump isn't following the law. But it was President Biden who broke the law when he allowed these migrants here in the first place. While the Supreme Court's reprieve doesn't assure that the Court will ultimately rule in the administration's favor, it is good news for now. For these parole programs were some of the most egregious misdeeds of Alejandro Mayorkas, President Biden's Secretary of Homeland Security. Advertisement US President Donald Trump walks to speak to journalists before boarding Air Force One from Morristown Municipal Airport in Morristown, New Jersey, May 25, 2025, after spending the weekend in New Jersey. AFP via Getty Images This program ushered into the United States on a red carpet over half a million aliens who, under our nation's immigration laws, were flatly inadmissible. In fact, the House of Representatives impeached Secretary Mayorkas for high crimes and misdemeanors in part because of these very programs: proclaiming that 'Mayorkas willfully exceeded his parole authority' by 'creat[ing], re-open[ing], or expand[ing] a series of categorical parole programs … which enabled hundreds of thousands of inadmissible aliens to enter the United States in violation of the laws enacted by Congress.' When Congress granted the President the parole power in 1952, it was strictly for, as the House Judiciary Committee made clear, ONLY 'emergency cases,' such as 'an alien who requires immediate medical attention' or an inadmissible alien who needs to be here as 'a witness or for purposes of prosecution.' Advertisement In 1996, Congress reacted to decades of abuses by administrations of both parties by tightening the language of the parole power in the Illegal Immigration Reform and Immigrant Responsibility Act. Among other changes, IIRIRA required that parole only be granted 'on a case-by-case basis.' The 9th Circuit, yes even the activist West Coast 9th Circuit, concluded that '[i]n enacting IIRIRA,' Congress had 'expressed concern' that the Executive Branch 'had been using parole 'to circumvent Congressionally-established immigration policy'' and responded 'by narrowing the circumstances in which aliens could qualify' for parole. The 5th Circuit concluded that DHS 'cannot … parole aliens en masse; that was the whole point of the 'case-by-case' requirement that Congress added in IIRIRA.' Advertisement Haitian immigrant Rose Juliane, center, holds her daughter Rosie Sarah, as she speaks with Immigrant Family Services Institute Executive Director Geralde Gabeau, left, while waiting at the agency in the Mattapan neighborhood of Boston for transportation to a shelter, Thursday, Nov. 16, 2023. AP Here's the irony. While Biden ignored the 'case by case basis' requirement, and provided a mass parole, the lower-court judge who ruled against Trump, said that since parole can only be granted on a case-by-case basis, it likewise can only be terminated on a case-by-case basis. So one law for Biden, another for Trump. I believe it is clear that the Biden administration could not lawfully grant parole on a categorical basis to over half a million aliens in the first place. The 'case-by-case' requirement bars all mass parole programs (not specifically authorized by Congress). Biden's move was an affront to our constitutional separation of powers between the legislative and executive branches. Advertisement If the Supreme Court does not once and for all put the kibosh on categorical parole programs, the next Biden, the next Mayorkas, could institute a program on steroids, rolling out the red carpet for pretty much any and every person around the world not already in the United States. George Fishman is enior legal fellow at the Center for Immigration Studies.

Trump signs order aimed at overhauling US elections
Trump signs order aimed at overhauling US elections

BBC News

time26-03-2025

  • Politics
  • BBC News

Trump signs order aimed at overhauling US elections

US President Donald Trump has signed an executive order that aims to overhaul US federal elections, including by requiring voters to show proof of citizenship and limiting when states can receive mail-in warn the move could disenfranchise millions of Americans who do not have easy access to a passport or other legal documents proving they have the right to is unclear how enforceable the order is, given US states have wide legal leeway to determine how they run their elections. It is expected to be challenged in order, titled "Preserving and Protecting the Integrity of American Elections", was signed by Trump on Tuesday at the White House. "Election fraud. You've heard the term. We're going to end it, hopefully. At least this will go a long way toward ending it," Trump said as he signed the order on Tuesday. The order says that the US has failed "to enforce basic and necessary election protections" and calls on states to co-operate with the the White House or risk losing access to federal funding if they do not require proof of is already illegal for non-citizens to vote in Illegal Immigration Reform and Immigrant Responsibility Act of 1996 prohibits non-citizens from voting in federal state is required to use a common registration form that requires people to confirm they are US citizens, under penalty of perjury for false claims, but does not require documentary say there have been very few cases of immigrants voting illegally in US order also seeks to bar states from accepting postal ballots received after election day. Currently, 18 states allow ballots to be received after election day as long as they were mailed on or before the day of the order would withdraw federal funding for US states that do not has been accused of spreading election misinformation, including by claiming that "millions" of illegal immigrants voted in his first election campaign. He also continues to deny that he lost the 2020 election to Joe Biden. Previous efforts to pass a voter ID law in Congress have who have criticised similar past reform attempts have pointed to statistics showing that a large number of Americans do not have an enhanced drivers licence or passport for ID. The legal basis for the order is expected to be challenged in court."The president cannot override a statute passed by Congress that says what is required to register to vote on the federal voter registration form," Wendy Weiser, from the Brennan Center for Justice at New York University, told the Washington law professor Rick Hasen said on his blog that elections are largely run by each individual state government, and that if allowed to stand, the order would radically shift power to the federal government.

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