dhs is encountering all manner of resistance to enforcing the law; 

 

 This is one step further than simple Lawfare, this story is about lower court judges openly strategizing ways to stop the enforcement of laws they are supposed to uphold.

Last week the Fifth Circuit Cout of Appeals ruled that detaining illegal aliens during the deportation proceedings is entirely following current immigration law [SEE HERE]. Now, according to Politico, federal judges in Texas are openly strategizing ways to work around that higher court ruling and keep giving bond releases to illegal aliens under the guise of “liberty interest.”

POLITICO – […] two federal district court judges in Texas, who are bound by the New Orleans-based 5th Circuit’s ruling, said the 2-1 decision left an opening for them to continue granting immigrants’ release on other grounds, primarily constitutional arguments against detaining people who have established roots in the U.S. without due process. Those roots amount, in legal parlance, to a “liberty interest” that the Constitution says cannot be taken away without at least a hearing before a neutral judge.

“This conclusion is not changed by the Fifth Circuit’s recent decision,” Judge Kathleen Cardone, an El Paso based appointee of George W. Bush, ruled late Monday in at least five cases, concluding that the circuit’s decision “has no bearing on this Court’s determination of whether [the petitioner] is being detained in violation of his constitutional right to procedural due process.”............more............