After then-President Joe Biden engineered the largest illegal immigrant invasion in our nation’s history, voters soundly rejected the Democratic Party’s open borders policies. They chose to embrace the order and security of President Donald Trump’s vision of a secure border crossed only by those whom Americans wished to let in. Now that Trump is lawfully deporting illegal immigrants as promised, radical judges are abusing their authority to prevent deportations as much as possible. The Supreme Court must take one of these cases and make an example of activist lower courts that are abusing their legal authority, thwarting the democratic will, and endangering the lives of innocent American citizens.
On June 1, Mohamed Sabry Soliman, an illegal immigrant who was allowed into the United States by Biden and then stayed after his visa expired, shouted, “Free Palestine,” while using a makeshift flamethrower and Molotov cocktails to burn eight peaceful Americans who were holding a vigil for the Jewish victims of Hamas’s brutal Oct. 7, 2023, terrorist attack. He has since been arrested and charged with 42 crimes, including attempted murder.
Soliman was granted entry into the U.S. on a tourist visa by the Biden administration in August 2022. To get this, Soliman would have had to swear under oath that his visit to the U.S. was temporary and he had no intention of staying. He manifestly broke that oath when he applied for asylum shortly after arriving. Despite his obvious subterfuge, not only did Biden’s officials make no effort to deport him, but they also gave him a work permit. When Soliman’s tourist visa expired, giving him no legal basis to be in the country, the Biden administration made no effort to deport him.
Soliman did not come to the country alone. He traveled with his wife and five children. All of them were on identical tourist visas granted at the same time, and all of them expired at the same time. Every single one of them is an illegal immigrant, just like Soliman.
Nevertheless, Soliman’s wife is fighting her deportation to Egypt, where she is a citizen. The family said their constitutional rights are being violated and that they are being punished for someone else’s crimes (that someone else being their husband and father). A Biden-appointed federal judge agreed with these specious claims and issued a restraining order preventing the Trump administration from deporting the family to Egypt.
The order is completely unfounded and contrary to the law. The U.S. Court of Appeals for the 10th Circuit should act swiftly to remove the restraining order, and the Supreme Court should take one of these cases soon to send a message to federal judges that political interference with the enforcement of immigration law will not be tolerated.
Contrary to the claims of these illegal Egyptian immigrants, deportation is not a punishment. It is the withdrawal of a privilege to which they have no right. That the family is related to an accused terrorist is irrelevant. They are undisputedly in the country illegally, and they have no right to be here. Sending them back to their home country is not punishment for a crime; it is simply the enforcement of our nation’s sovereignty, which is being violated by their mere presence in our country.
All people in the U.S. have a right to due process. Even illegal immigrants charged with crimes are due as much process as citizens charged with crimes. But immigration and deportation are different. While illegally crossing the border is a crime, an illegal immigrant does not have to be convicted of that crime to be deported. All the government needs to show is that the person in question has no legal right to be in the country. Once that has been established, the government is free to deport them. The government does not need to prove someone is in the country illegally in a court of law. The only process an immigrant is due when facing deportation is as much process as Congress has chosen to give.
JOSH HAWLEY’S MEDICAID MISTAKE
This is not a novel area of law. In Department of Homeland Security v. Thuraissigiam, Justice Antonin Scalia said, “While aliens who have established connections in this country have due process rights in deportation proceedings, the Court long ago held that Congress is entitled to set the conditions for an alien’s lawful entry into this country and that, as a result, an alien cannot claim any greater rights under the Due Process Clause.”
According to the best estimates, there are approximately 15.8 million illegal immigrants in America today, and 5.6 million, including Soliman and his family, entered during Biden’s presidency. The federal government does not have the time or resources to give them all a trial. But fortunately, it has no obligation to do so. Nor should it. Soliman’s family is here illegally, which no one disputes, and the Trump administration should be allowed to send them and every other illegal immigrant home, without delay.
This article was originally published at www.washingtonexaminer.com
