Immigration law is coming to get you, and bring you back to America. Even if you’re an alien with no visa and no permanent legal status as a lawful resident of America. It might not happen tomorrow, but if people like George Mason law professor Ilya Somin, and others, have their way, this strange day is coming sometime fairly soon.

It revolves around what some in the legal world call the Plenary Power Doctrine, which basically says that congressional immigration classifications are immune from judicial review – to use Gabriel Chin’s language from his essay on the subject. In other words, rights are denied to some potential immigrants, that would be deemed unconstitutional were they denied in a domestic context (basically to American citizens), rather than being applied to immigration. To Chin himself, and to Ilya Somin, this is a bad thing. Consider what Somin says:

I would consider that the plenary power doctrine is ultimately indefensible and should be overruled by the Supreme Court.

And this:

There would be no need to explicitly limit some rights to citizens if there were a general presumption that non-citizens are excluded.

And for goodness sake don’t you mention the Preamble and “posterity” as meaning American citizens! To Ilya Somin there should be no:

…ignoring the rights and welfare of potential migrants in making decisions on immigration policy.
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And to justify this, Somin massages the meaning of the word “posterity” to support what he’s aiming for: the U.S. Constitution being legally applicable to anyone on the planet. And thus immigration policy legally bound to consider the rights and welfare of any potential immigrant to America. Yes, you can find that last quote at openborders.info in case you’re wondering what type of world Somin is advocating for.

In other words, the open borders movement has attached itself to Trump’s executive order like a school of starving remoras and are dying to suck the life out of any attempt to restrict any type of immigration to America – or anywhere else one would imagine. But it’s America and its constitution that their lips are firmly attached to right now.

With these sorts of undertows swirling around the 9th circuit court of appeal’s decision to maintain Judge Robart’s ruling at least for now, and possibly forever, one wonders if an ambitious power grab by the left coast circuit will team up with the open borders activists and try to shred any control over immigration that the executive – and even Congress – currently have.

This is about a new world order, in which an unchecked judiciary extends its tentacles across the globe to ensure the unimpeded movement of all people across suddenly meaningless borders. Something that does not generally displease financial markets – until some of those people murder and set bombs off. Or fly airplanes into buildings.

What the administration is trying to do is prevent that. And any outlandish campaign comments by Trump were in that vein. They were about security for America and its citizens and residents. But those statements were not policy, they were campaign rhetoric. Something else that will soon come under the suffocating purview of the courts, if the 9th circuit, Judge Robarts, and Professor Somin have their way. New World Order indeed.

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