Another judge re-writes U.S. law, allowing illegals to stay if they file suit against the U.S.

Democrats, leftists and Dem-appointed judges claim foreigners in this country illegally--which is properly shortened to "illegal aliens"--are entitled to all the rights of legal American citizens, including citizenship for every child they have here.

Now a leftist judge has ruled that we can't even deport an illegal alien--if said illegal has filed a lawsuit against any level of government in this country.

You read that right.

Roxana Santos is a citizen of El Salvador who illegally entered the U.S. in 2005.  When she entered illegally, the Border Patrol--acting totally in accord with U.S. law--apprehended her.  She was ordered to appear for a hearing on her status.

Like so many other illegals, she blew it off, failing to appear, so in 2007 an immigration judge issued an order to deport her.--again, totally in accord with valid U.S. law.  Of course she couldn't be deported because like so many millions of other illegal aliens, she'd vanished somewhere inside the U.S.

A year later (October 2008)--while she was still a fugitive from the deportation order--cops in Frederick, Maryland questioned her outside a restaurant.  On learning through dispatch that she was here illegally, and then acting on the valid deportation order, sheriff’s deputies arrested  her.  This is absolutely legal:  8 U.S.C. § 1357(g)--part of a law the senate passed unanimously in 1996, state and local law enforcement can apprehend illegal aliens.

In a sane country Santos should have been deported, marking the end of the story.  But as you probably guessed, she wasn't deported, despite being here illegally, refusing to appear for her immigration hearing and vanishing into the U.S.

Instead, backed by lawyers from "CASA de Maryland," she sued the Frederick sheriff for what she claims was an illegal search and arrest.  She also sued the county for agreeing to cooperate with ICE to help deport illegals.

Four years later (2012), after years of legal maneuvers during which she was allowed to remain in Maryland, the district court ruled against her.  But a year later the notoriously liberal Fourth Circuit Court sided with her. 

The circuit court created a new right for illegals, ruling that they could not be apprehended by local law enforcement because of their immigration status. Last September District Judge Catherine Blake ruled that the sheriff's office could be held liable in a civil suit for the acts of his deputies, allowing Santos to proceed with a suit for civil damages.  And sure enough, her attorneys are asking the county for $1 million in damages!

And bear in mind that at the time the deputies arrested Santos, the arrest was totally legal!  Even today the law still doesn't prohibit local authorities from cooperating with federal authorities to arrest illegal aliens.  In effect, the insane ruling by the circuit court retroactively made the arrest actionable.

It’s bad enough that illegal immigrants get to break into our country without serious penalty.  Allowing such illegals to now sue law enforcement for following valid U.S. law is worse.  But at least Santos could be deported, right?

If you guessed "no" you win.

District judge Catherine Blake issued a temporary restraining order barring the government from deporting her, claiming Santos is entitled to stay in the U.S. until the final disposition of her lawsuit against the sheriff’s deputies.

Unless you're an attorney you probably don't realize what this means.  It will encourage all illegals to file lawsuits against everyone for anything, since they'll be allowed to stay here pending the final outcome.

Santos has been allowed to stay in the U.S. for a decade.  If she loses her lawsuit she'll be allowed to remain as appeal after appeal is filed by the well-funded lawyers at CASA.

Back in 2010 the Obama administration ordered authorities in Arizona not to arrest illegals, arguing that only federal officials could help enforce federal law (Arizona v. U.S. 2010).  But Justice Thomas in the Supreme Court said “States have inherent authority to conduct arrests for violations of federal law, unless and until Congress removes that authority.”

Nothing in federal statutes bar local law enforcement from inquiring about a person's immigration status. Indeed, 8 U. S. C. §1644 explicitly says that “no State or local government entity may be prohibited, or in any way restricted, from sending to or receiving from” federal immigration officials “information regarding the immigration status” of a foreign national.  This is the law that sanctuary cities and states openly defy.

But despite the clear wording of §1644, a low-level judge has ruled that states can’t help enforce federal immigration law.  Once again judges are nullifying a valid U.S. law.

Astonishingly, groups like CASA de Maryland get a lot of their funding from state taxpayers.

The final inequity to ponder here is the fact that the more illegal aliens are illegally given standing to sue our governments and illegally remain in the country, the more time they have to have babies and further allow “crime to pay.” This woman now has several U.S.-born children who--if the laws had been enforced at the outset--never would have been born here.  Moreover, her husband came here illegally and is, of course, seeking asylum.

As Nancy Pelosi, Chuck Schumer and the Democrats continue to vow that they'll never allow a dollar to build the wall, keep in mind that even if the wall is built, it won't save us from leftist judges bent on killing our nation.  Dem politicians are allowing unelected judges and lawless groups that abet fugitives to accomplish de facto judicial amnesty--something liberals haven't been able to do in the legislature.

In this case the law clearly allowed the arrest and deportation, but a judge nullified the law.  Judicially-imposed amnesty must stop.

H/T Conservative Review.