Supreme Court Rules Thousands of Immigrants Can Be Detained Indefinitely

June 14, 2022 — bunkerville

The Supreme Court decisions that came down on Monday were important ones including immigration. Although not the “Big One” still important wins. Especially when we look at the breakdown of the vote. We may get discouraged with the courts, yet looking back at the Obama years, the Supreme court did not embrace leaving the constitution in the dustbin especially regarding immigration then either. Even with Obama’s two picks on the court.

Immigration Reform Leaders Arrested in Washington DC

The latest:

SCOTUS Rules Against Migrants’ Rights To Bond Hearings In Detention

Time:

The Supreme Court ruled that illegal aliens detained for six months don’t have the right to a bond hearing for release in a decision released Monday.The decision addressed two separate cases involving three illegal aliens, two of which were Mexican nationals that entered the U.S. illegally after being previously deported. After they were detained, they filed a putative class action for a bond hearing after six months of detention.

A decision that means that the thousands of people with open immigration cases who are currently in federal holding facilities can continue to be detained indefinitely.

The high court also ruled that federal courts lack the authority to grant class-wide relief to detainees. In other words, if any detainees want to argue in the future that they have a right to a bond hearing, they will need to bring their cases individually, despite the fact that immigrants are not entitled to counsel during immigration proceedings.

In 2020, the Ninth Circuit Court of Appeals ruled detainees are entitled to a bond hearing. Because Garland was brought as a class action lawsuit, the Ninth Circuit granted class-wide relief and extended the right to a bond hearing to every person named in the suit.

On Monday, the Supreme Court reversed the Ninth Circuit, ruling that detainees are not entitled to such a bond hearing and cannot be granted relief on a class-wide basis. Going forward, those asserting a right to a bond hearing, either on statutory or Constitutional grounds, will have to bring their cases individually.

The court ruled 8-1 in Johnson v. Arteaga-Martinez on the question of bond hearings, with Justice Sonia Sotomayor writing the majority opinion and Justice Clarence Thomas filing a concurring opinion which Justice Neil Gorsuch joined in part. Justice Stephen Breyer also filed an opinion concurring in part and dissenting in part. In Garland v. Aleman Gonzalez, on the question of class-wide relief, the court ruled 6-3, with Justice Samuel Alito writing the majority opinion. Justice Sotomayor filed an opinion concurring in part and dissenting in part which Justice Elena Kagan joined and Justice Breyer joined in part.

Will Biden get the message?

Last year June of 2021 the supremes were of the same mind set regarding immigration. The U.S. Supreme Court ruled unanimously against a couple seeking permanent residency after fleeing El Salvador and gaining temporary protected status in the United States. Now all we have to do is get the administration to follow the law.

The Court has made it clear- restraint in government overreach. Looking back:

Flashback: Bunkerville in June 24, 2016:

Supreme Court slaps Obama down again, 23 unanimous decisions against him

…Obama had to admit his immigration bonanza is on hold. This latest loss doesn’t count all of the cases of Obama over reaching that never makes it to the top court. Stunning the number of unanimous decisions that went against him.That includes his two picks now on the court. Info below is from two Cato posts:

It has the worst record of any modern presidency, whether you count in absolute won-loss..

In the first 6.5 years of Obama’s presidency (January 2009 to June 2015), the government lost unanimously at the Supreme Court 23 times, an average of 3.62 cases per year.

And that record has only grown in the last few months. This week the government suffered its fifth unanimous loss of the year – matching its dubious achievement in 2013 with 25 cases still left to be decided – in a property-rights case in which Cato filed an amicus brief, U.S. Army Corps of Engineers v. Hawkes Co.

Earlier this year, I documented the Obama administration’s abysmal results before the Supreme Court (the two Obamacare cases excepted). Not only is its overall winning percentage much worse than any other modern presidency, but its spate of unanimous losses is truly record-breaking.

These cases have nothing in common, other than the government’s view that federal power is virtually unlimited: Citizens must subsume their liberty to whatever the experts in a given field determine the best or most useful policy to be. If the government can’t get even one justice to agree with it on any of these unrelated cases, it should realize there’s something seriously wrong with its constitutional vision.

More from two posts: at Cato and at Cato

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Posted in Supreme Court. Tags: , , , , . 41 Comments »

Barack Obama’s Surveillance Society

March 20, 2013 — bunkerville

Yesterday I posted a story Obama” ‘Prolonged Detention”, otherwise known as FEMA Camps. Even Rachael Maddow took him on. He posited that it was now permissible to detain without trial as a preemptive move.Now on to part two. Before we get to the heart of the matter via the video, here is a bit of History.

From August, 2012 post: Obama fights injunction against unlawful detention of U.S. citizens

Obama fights the preliminary injunction granted to American Citizens against unlawful imprisonment. But Obama is not through with us yet. They are fighting it big time, and the rationale gets even more creepy. The argument goes something like this, if we are thrown in jail, we can always appeal, even though it may take years to prove our innocence. Guilty until proven otherwise, typical Marxist justice.

On May 16th,federal judge Kathleen Forrest granted a preliminary injunction to plaintiffs in a lawsuit filed against Barack Obama and the National Defense Authorization Act of 2012 (NDAA),striking down those sections of the Act that provide the president the power to indefinitely detain American citizens without benefit of their 5th and 6th Amendment rights. As a reminder, keep in mind it was Obama that insisted that the language in the NDAA bill include Citizens:Obama lies-he insisted that detention of Americans be in defense bill

“But… It was his administration that insisted that the language be included in the bill”.

From the video: Senator Carl Levin (D-Mich.) told Congress recently that under the original wording of the National Defense Authorization Act, American citizens were excluded from the provision that allowed for detention. Once Obama’s officials saw the text though, says Levin, “the administration asked us to remove the language which says that US citizens and lawful residents would not be subject to this section.”

Under the terms of the Act,Obama had been given exclusive authority to direct members of the US military to arrest and imprison anyone he believed to have “substantially supported” al Qaeda,the Taliban,or “associated forces.” When pressed by plaintiff’s attorneys about the practical extent of this authority,government lawyers admitted “…the NDAA does give the president the power to lock up people like journalist Chris Hedges and peaceful activists,” admitting that “…even war correspondents could be locked up indefinitely under the NDAA.”

Yet incredibly,when pressed on the issue,this Obama mouthpiece suggested to Judge Forrest that concerns about the president’s detention powers were excessive as American citizens would,after all,have the ability to file a writ of habeas corpus should they be illegally or improperly jailed! “How long does [such a] petition take,” asked Forrest? When Torrance refused to answer,the Judge continued,“Several years,right”? (In Yesterday’s post, Obama seemed to think that ten years might be about right) -prolonged detention. Keep that phrase in mind.

Keep this in mind:

On July 2nd, 2008—Obama delivered a speech in Boulder, Colorado in which he promised the creation and establishment of a “Civilian National Security Force.” He further promised it would be “just as powerful, just as strong, just as well funded as the US Military.”

It is well known amongst dictators, the world over, that a private army is necessary to control the great unwashed masses over which they force their rule.

We have seen Obama steadily assume dictatorial powers over apathetic Americans in just four and a half years. He has all but hushed the people’s voice in government, the US Congress, by simply by-passing them and ruling by executive order—just like any other two-bit dictator. Some feel even the US Supreme Court has lost the steel from its collective spine under withering pressure from our budding domestic dictator, Obama.
If one did not know better, one would think there is a move afoot to institute a complete Marxist insurgency in America with Obama at the top—and —at the leading edge.
“The things done in every Marxist insurgency are being done in America today.” … Retired Lt. General William G.”Jerry” Boykin says in a new video he has just released . Boykin is a decorated former Delta Force Commander, US Deputy Under Secretary for Defense, and a recipient of the Purple Heart

Posted in Government, Liberal Loonies, War on Terror. Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , . 16 Comments »

Test to See If You Might Be Considered a “Potential Terrorist”

September 23, 2012 — bunkerville

Zero Hedge has a nice roundup of what can be considered being a potential terrorist. Since Obama has signed an Executive Order that he can detain U.S. citizens without due process, it is worth a look.  Obama fights injunction against unlawful detainment of Americans. A Judge has ruled in Obama’s favor, and has re-instated it.

There have been so many anti-terrorism laws passed since 9/11 that it is hard to keep up on what kinds of things might get one on a “list” of suspected bad guys.

Zero Hedge prepared this quick checklist so you can see if you might be doing something which might get hassled.

The following actions may get an American citizen living on U.S. soil labeled as a “suspected terrorist” today:

 

Obama lies-he insisted that detention of Americans be in defense bill

“But… It was his administration that insisted that the language be included in the bill”.

 Senator Carl Levin (D-Mich.) told Congress recently that under the original wording of the National Defense Authorization Act, American citizens were excluded from the provision that allowed for detention. Once Obama’s officials saw the text though, says Levin, “the administration asked us to remove the language which says that US citizens and lawful residents would not be subject to this section.”

Posted in War on Terror. Tags: , , , . 11 Comments »