Thread: Slamming ‘Judicial Activism,’ Sessions Tells DOJ Lawyers To Fight Nationwide Injuncti

It's not really a conflict. The conflict is with states' constitutions mandating compulsory education attendance by illegal aliens

What state constitutions mandate illegals get free k-12?

The question then would be, do state constitutions violate federal law by a) mandating compulsory education attendance by illegal aliens

There is no question about that. Section 1324 of title 8 makes it a federal felony to encourage illegals to live here.

Table 5.1. Compulsory school attendance laws, minimum and maximum age limits for required free education, by state: 2017

https://nces.ed.gov/programs/statereform/tab5_1.asp

Yes, I know, every aspect of our society is in violation of Section 1324. Every employer who hires them, every landlord who rents to them, every store who sells to them, every bank who gives them an account, every finance agency that cashes a check or sends a wire transfer for them, every state who gives them education, driver's licenses, college seats, and birth certificates, every hospital and doctor and dentist who gives them medical care, every agency that gives them a tax refund, food stamps, low income housing, a work permit, every church that gives them a baptism, a church membership, refuge, every charity that gives them coats, toys, food, every Judge who gives them a release, a stay, an appeal, every 911 operator, first-responder and cop who respond to their woes and troubles, etc., etc., etc. violates Section 1324 of Title 8.

Our entire country is in violation of Section 1324 of Title 8.

We can keep fighting the good fight to remove the incentives and hope they self-deport, but I think what we have to do is remove illegal aliens from the country, and the only way to do that is through state and local law enforcement. If there's 30 million or more which most of US believe there is, then 800,000 state and local law enforcement officers can do that very quickly.

State and local law enforcement arrests approximately 12 million people a year for non-traffic violations. The average arrest rate per state and local law enforcement officer in the US is less than 1.5 arrests per month, according to these FBI statistics. Theoretically, if they all arrested 2 illegal aliens a month, that's 1.6 million per month, that's 19.2 million a year, so in less than 2 years all 30 plus million could be arrested and deported. This is what could easily be done if state and local law enforcement wanted to help their states and communities solve this problem for our country.

State and local police officers make the arrests, coordinate with ICE to verify status, hold them for pick-up by a federally authorized National Guard operation to pick 'em up and transport them to a border or port to await a mass deportation hearing on site by DOJ, the Mexicans are sent over the border; the Central Americans are put on armed private mass transportation vehicles to Central America; the Ecuadorans are put on planes; the Filipinos, Koreans and Chinese are put on boats, and the rest are handled in the best least expensive manner possible based on their numbers.

Implement Judy's Plan B to stop the new flows, ramp it up after a few months to phase 2 and apply the sanctions to those already in the country until they're all out and back in their homelands where they belong.

Secure the borders and ports, ensure by law that no President or Agency can give a work permit to any illegal alien ever again, and we can solve this problem.

But we'll never be able to do any of this if we don't elect Republicans in November. This is our only chance ever to solve this problem and it's 100% up to Republicans to do it, because Democrats will never do it, and it's up to the American People to give us the numbers in Congress so we can finish this while we have a President who will do this for US. There won't be another one, this is it, right here, right now, most important mid-term elections in the history of the United States and the American People.

Originally Posted by Judy

Table 5.1. Compulsory school attendance laws, minimum and maximum age limits for required free education, by state: 2017

https://nces.ed.gov/programs/statereform/tab5_1.asp

that link doesn't say anything about illegal kids being forced to use our schools. You said state constitutions mandate they get free k-12. I await your evidence for that.

The link provides a list of the states and their compulsory school attendance which is by age. To my knowledge and this list, no one is required to attend kindergarten, no one is required to attend school before the age of 6 or 7 or after the age of 16 or 17 depending on the state, no matter what grade they are when they turn that age, so no one in the United States is required to attend K-12.

Originally Posted by Judy

Yes, I know, every aspect of our society is in violation of Section 1324. Every employer who hires them, every landlord who rents to them, every store who sells to them, every bank who gives them an account, every finance agency that cashes a check or sends a wire transfer for them, every state who gives them education, driver's licenses, college seats, and birth certificates, every hospital and doctor and dentist who gives them medical care, every agency that gives them a tax refund, food stamps, low income housing, a work permit, every church that gives them a baptism, a church membership, refuge, every charity that gives them coats, toys, food, every Judge who gives them a release, a stay, an appeal, every 911 operator, first-responder and cop who respond to their woes and troubles, etc., etc., etc. violates Section 1324 of Title 8.

Our entire country is in violation of Section 1324 of Title 8.

I didn't write the law. It's essentially true that everyone who knowingly helps an illegal alien is thereby encouraging them to live here and thus committing a felony. Until that law is changed it should be enforced.

Originally Posted by Text Driving Is Deadly

I didn't write the law. It's essentially true that everyone who knowingly helps an illegal alien is thereby encouraging them to live here and thus committing a felony. Until that law is changed it should be enforced.

I would rather arrest and deport illegal aliens and sanction the home countries responsible for it.

But I understand your point, I just think when it comes to schools, Plyler vs Doe over-rides it and I don't see how Plyler vs Doe can be over-turned until states file lawsuits and show the substantial state government interest they have in doing so. Texas should try to over-turn it, they now have more than enough costs to show the substantial burden to state government and the legal residents of their state caused by illegal immigration and to education in particular caused by the Plyler vs Doe ruling.

In fact, Plyler vs Doe decision left that door wide open for states and school districts to come back and show their case of harm. The school district involved in that case which was Tyler, Texas was unprepared and didn't have enough cost data for the hearing with the US Supreme Court to show the compelling harm at that time or projections of the harm coming in the future. Maybe Ken Paxton will do that. Now would be the time to act swiftly because with Trump, the federal government would probably file an Amicus Brief supporting Texas and every other state that would join their lawsuit.

Originally Posted by Judy

But I understand your point, I just think when it comes to schools, Plyler vs Doe over-rides it and I don't see how Plyler vs Doe can be over-turned until states file lawsuits and show the substantial state government interest they have in doing so.

The courts will never overturn plyler v doe since they will not admit they have no authority to write laws.

Trump needs to point to the constitution where it says " All legislative powers herein granted shall be vested in a congress of the united states." On that basis he should say plyler v doe is void and he will not enforce it. He will only enforce laws written by congress as per the constitution itself.

So who exactly is it that you want Trump to arrest? School administrators? Teachers? School Boards? Principals? Janitors? Cafeteria Workers? Bus Drivers? Why do you want to arrest them instead of illegal aliens? If you're going to the school to make arrests, I would strongly recommend arresting the illegal aliens instead of school personnel. American Kids need their teachers, school administrators, school boards, principals, janitors, cafeteria workers and bus drivers.

Americans through their State AG's and Governor's could easily file a lawsuit for relief from both funding and admissions to public schools of illegal aliens. There is overwhelming evidence that the admission of illegal aliens into local public schools is a financial burden to the counties, the taxpayers who fund it, as well as the diversion of valuable resources away from American students to overly-needy illegal aliens. They can also show disruptions based on their illegal alien status and heritage, they can also show increases in crime, they can also show unfairness to American students down the way with illegal aliens gaining admissions to colleges taking seats and opportunities that would otherwise go to American Kids. They can also show the harm of illegal alien employment that robs the jobs of parents of American Kids and depresses their wages, which passes harm on down to American Students which adversely impacts their sense of security and well-being that directly affects their ability to learn. Illegal immigration is wrong on all levels and American victims in every walk of life including our young people at school.

There is overwhelming evidence of all of this, that probably wasn't readily available in late the 1970's when this lawsuit was filed that resulted in the Plyler vs Doe Ruling. The ruling left open the issue of proving harm, so states need to act upon that opening and revisit the issue now with all the data so readily and obviously available.

Regardless of what happens on Plyler vs Doe, the federal government has the unchallenged right to deport any and every illegal alien in the country including those at school, hospitals, churches, public facilities, private facilities, public housing, private housing, businesses and any and everywhere else in the United States.

"Policies" that exclude schools, hospitals and churches are just that, "policies". They are not laws and when there are appropriate resources to pursue these arrests, they should be speedily and efficiently conducted. There will be "resistance", there will be trouble, even young students will engage in the resistance against ICE, not knowing any better, just knowing that a person they think is a friend is being removed when they don't want them to be. It's a rough situation, so how they handle it will need to be strategic. I'd start with the parents of the Seniors with infractions, driving issues, drinking issues, crimes, gangs, drugs, have their parents already in tow, then go get their children at school, then start working my way down the line.

That's how I'd handle DACA deportations. Don't start with the DACA's, start with the parents who brought them here and then go get the DACA's, then their children, and deport the whole kit and caboodle.

Originally Posted by Judy

So who exactly is it that you want Trump to arrest? School administrators? Teachers? School Boards? Principals? Janitors? Cafeteria Workers? Bus Drivers? Why do you want to arrest them instead of illegal aliens?

I'm ok with arresting and deporting illegal aliens but that is expensive. Self-deportation is free and if we take away the benefits we give illegals, such as free k-12, many will leave. Trump should prosecute schools officials.