An Obama-appointed federal judge halted President Trump's order to cancel an arbitrary parole program put in place by Joe Biden to facilitate an endless flow of Cuban, Haitian, Nicaraguan, and Venezuelan migrants into the United States. The Monday order by Massachusetts district court judge Indira Talwani halted enforcement of President Trump's Executive Order 14165, titled Securing Our Borders by requiring that paroles be revoked after an individual hearing. If upheld, this order ends President Trump's efforts to repatriate some 530,000 immigrants; see Another Federal Court Blocks Trump's Immigration Agenda in Nationwide Ruling—Without Calling It That – RedState. This judge's order is of dubious legality, but that doesn't matter. What it underscores is that the Deep State is active, it is Democrat-run, and it binds future presidents to illegal and capricious actions.

The Biden CHNV parole program is not a law. Parole is a discretionary act, let me say that again, parole is a discretionary act by the Secretary of Homeland Security to allow "an individual, who may be inadmissible or otherwise ineligible for admission into the United States, to be paroled into the United States for a temporary period." As the Immigration and Naturalization Act makes clear, "parole does not provide any permanent pathway to remain in the United States and can be revoked or not renewed should DHS decide that it is no longer warranted or if the beneficiary violates the conditions of the parole." 

To get paroled into the United States, you must undergo an individual interview and have a sponsor. Biden allowed anyone who could afford a plane ticket to come to the United States, and the requirement for a sponsor was never enforced as a noxious web of USAID-funded non-profits fulfilled that function. 

Let's review the bidding. Biden creates a facially illegal and purely discretionary program. He brings in a half-million Third World illegals who are, according to the definition of the program, "inadmissible or otherwise ineligible for admission." President Trump, supported by the secretary of homeland security, orders an end to the program and jumps through the administrative hoops of using a Federal Register announcement to reverse Biden's purely discretionary program and a Deep State, or Deep State-adjacent federal judge says he can't and requires an individual interview to end the paroles, which is not required by law, when they never received the legally require individual parole.

This is not new. Barack Obama created the Deferred Action on Childhood Arrivals program (DACA or Dreamers) out of whole cloth. It is simply a scheme whereby the federal government covers its eyes and pretends these people don't exist. This program was not created by executive order, law, or administrative rulemaking. Nope. Secretary of Homeland Security Janet Napolitano issued a freakin memo directing that "prosecutorial discretion" be exercised. However, when Jeff Sessions got around to pulling the plug on DACA, lawfare ensued, and the administration was told it could not rescind the Napolitano memo.

Just stop for a moment and consider this. Federal courts literally told the Trump administration that they could not rescind a memo written five years and three Homeland Security secretaries earlier. Logically, this means a cabinet secretary’s memo is more powerful than an actual law because it takes no consensus to issue it, and it can’t be withdrawn when management changes. To make matters worse, the Roberts Court, in a 5-4 decision, upheld the logically ridiculous notion that the whim of a Democrat president has the same standing, in terms of permanence, as the Constitution.

We clearly have a two-tiered justice system. Not only do BLM rioters get a pass while pro-life grannies go to jail for demonstrating peacefully outside an abortion center, the president himself has his decision treated with derision by the federal courts while all manner of Democrat humbug receives the adulation of our black-robed overseers.

We are in a death struggle with the forces of progressivism and the Deep State that acts as its guardian. As the Trump administration struggles to uproot the people and policies that have put our liberty and nation at risk, it is resisted at every turn. You can do your part by staying informed of the issues. Join RedState VIP and help continue our coverage to keep you abreast of the fight. Use promo code FIGHT to get 60% off your membership