Our laws were written in the most emphatic terms to ensure that those who entered illegally cannot remain in this country undetected. The purpose of those laws was precisely to detect illegal aliens and ensure that they are promptly removed from the country. Yet lower court judges, violating foundational Supreme Court case law, are flipping those laws upside down and are now making it unlawful to detect and deport illegal aliens. The latest Third Circuit Court of Appeals ruling is a great example of why no new laws will solve the problem if the executive branch will passively capitulate to lower courts subverting existing laws. The cycle will just continue.

On Wednesday, the Third Circuit Court of Appeals ruled that two Guatemalan illegal aliens could not be deported based on ICE finding out their unlawful status from a traffic stop initiated by a state trooper. In doing so, the judges not only created a Fourth Amendment right to privacy against detecting one’s illegal immigration status – contrary to years of case law – but also ruled that illegal aliens can’t be deported based on obtaining such information! In other words, when the laws say illegal aliens cannot be shielded from detection (8 U.S. Code §1324), they really mean they cannot be detected.

The two plaintiffs, Erick Geovany Yoc-Us and Luis Calel-Espantzay, are Guatemalan nationals who were sleeping in the back of a van when Pennsylvania state trooper Luke Macke pulled over the vehicle for speeding. There were six other people in the van who turned out to be citizens of Mexico, El Salvador, and Ecuador. Any commonsense police officer seeing that circumstance would have reasonable suspicion that they are in the country illegally
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