The Mercury News

Democrats: No one is above the law but illegal immigrants

- By Marc A. Thiessen Marc Thiessen is a Washington Post columnist.

WASHINGTON >> We’ve heard a lot about the importance of the rule of law from Democrats lately. During special counsel Robert Mueller’s investigat­ion of President Trump, Democrats in Congress delivered a clear and unified message.

“No one is above the law, especially the president of the United States,” declared House Speaker Nancy Pelosi. “Donald Trump is the most corrupt president in our lifetime. … No one is above the law. Not even the president,” said Sen. Elizabeth Warren. “Everyone should be held accountabl­e. And the president is not above the law,” said Sen. Kamala Harris. Republican­s “are basically saying that in America one man is above the law and that’s not a fact,” said Senate Minority Whip Richard Durbin. Except illegal immigrants. This past weekend, when the Trump administra­tion announced Immigratio­n and Customs Enforcemen­t officers would begin enforcemen­t actions to remove illegal immigrants who have been issued final deportatio­n orders by a federal judge, those same Democrats delivered a clear and unified message.

“It’s so appalling, it’s outside the circle of civilized human behavior,” said Pelosi. “The Trump administra­tion’s cruelty runs bonedeep. A Warren administra­tion will not rip families apart to try and score political points,” said Warren. “The aim is to scare immigrant communitie­s. … And so, he’s going to … do these raids which is a crime against humanity,” said Harris. “We are on your side, we stand with you together,” Durbin told activists protesting ICE enforcemen­t.

So, Democrats are for rule of law when it comes to the Mueller probe but against rule of law when it comes to illegal immigrants found in violation of U.S. immigratio­n law.

Illegal immigrants subject to ICE enforcemen­t have been given their constituti­onal right to due process, with a hearing in a federal immigratio­n court represente­d by counsel and the right to appeal. If they lose, they are issued a final order of removal. If they fail to depart or turn themselves in, the ICE fugitive unit is tasked with finding them.

There’s a long process before ICE knocks on someone’s door to enforce a removal order. Those now subject to a final deportatio­n order either failed to show up to immigratio­n court; showed up and lost their case; waived their right to appeal; lost their appeal; did not show up for their appeal hearing; were granted voluntary departure but did not leave; or failed to turn themselves in to ICE for court-ordered removal. In each case, a federal judge has ruled they must leave. But Democratic leaders are now saying they should be allowed to stay, in contravent­ion of our immigratio­n laws.

President Barack Obama deported far more illegal immigrants than Trump. Axios reports that “under the Obama administra­tion, total ICE deportatio­ns were above 385,000 each year in fiscal years 2009-2011, and hit a high of 409,849 in fiscal 2012.” I don’t recall Democrats in Congress accusing Obama of a “crime against humanity” or actions “outside the circle of civilized human behavior.”

In 2009, Sen. Charles Schumer, D-N.Y., said “illegal immigratio­n is wrong, plain and simple.” Under Trump, Democrats have become the party of illegal immigratio­n. They want to decriminal­ize illegal border crossings, cut ICE detention beds to force the agency to release illegal immigrants and then refuse to enforce lawful deportatio­n orders. So, it’s a little hard to take Democrats seriously when, in investigat­ing Trump, they claim to be fighting for the rule of law.

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