As the anger of many Americans continues to rise over the progressively lax enfocement at the border, illegal aliens make a mockery of American law while Border Patrol agents, under orders from DHS, stand by helplessly.
The latest outrage reported by the president of the National Border Patrol Council involves illegals swimming the Rio Grande river. Despite the fact that they are soaking wet, unless the border agents catch them climbing out of the river, they are being ordered to process and release them immediately.
"We have apprehended illegal aliens just north of the border who are still soaking wet from crossing the river. If they claim, as increasingly they are doing, that they have been here since January 1, 2014, we will process and then release them," Mr. Judd said in written testimony following up on questions from a hearing earlier this year.
"They are still wet from the river and miles from any civilization and on their word alone we release them unless we physically saw them cross the river," he said. "This policy de facto creates an open border with Mexico for any illegal alien who wants to claim that they were here before 2014."
The Jan. 1, 2014, date is not set in law, but rather is part of President Obama's enforcement priorities he laid out in November of that year, designed to carve most illegal immigrants out of any fear of deportation.
In memos requested by Mr. Obama, Homeland Security Secretary Jeh Johnson said long-time illegal immigrants were to be given lower priority in favor of recent border-crossers, and those with gang ties or who have amassed serious criminal records in addition to their immigration violations.
Mr. Judd and other enforcement advocates say illegal immigrants have learned to game the system, automatically claiming they arrived before 2014. Agents say they've been told they have to take illegal immigrants' word for it.
Is there nothing to be done? Congress proposes; the president disposes. Obama is interpreting immigration law according to his own lights, and previous court cases have granted him wide discretion when it comes to prosecuting immigration scofflaws. Many argue that the president's actions violate congressional intent and, hence, the Constitution. But until the Supreme Court says otherwise, the president is free to interpret the law any way he chooses.
It's an intolerable position to be in. Congress can't sue because it has no standing. The current Supreme Court case on the president's interpretation of immigration law could resolve the issue in favor of the states who are suing, given the 4-4 split, which would uphold lower court rulings that have judged Obama's actions unconstitutional. But until SCOTUS hands down its ruling, the border will be as unguarded as it is today.
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