Federal courts are wrong in their judgement on Florida’s sanctuary city ban

The Florida Southern District Court  where Judge Beth Bloom ruled against the ban

Courtesy/Philip Pessar - Flickr

The Florida Southern District Court where Judge Beth Bloom ruled against the ban

Mac Connors, Crier Staff

A few weeks ago, federal judge Beth Bloom ruled that the ban on sanctuary cities in Florida was unconstitutional. As a quick reminder to those who are in astute positions to make such rulings, in order for something to be unconstitutional, it has to be within the bounds of the constitution. It is very clear that the constitution offers no protection to illegal aliens, and does not require that states harbor them within their borders. Actually, the sovereignty of this nation is protected by federal law and any attempt to change that by judicial fiat, is purely unconstitutional, by its very definition.

In 1996, the Congress passed the Illegal Immigration Reform and Immigration Responsibility Act, which stipulates that any illegal immigrant who commits a misdemeanor or felony can be deported by the authorities. It goes even further to say that immigrants unlawfully present in the U.S. for 180 days, but less than 365 days, must remain outside the country for three years, and aliens illegally in the U.S. for more than 365 days must remain outside the country for 10 years unless they obtain a waiver or pardon. If they attempt to return illegally, they must wait 10 years to obtain the waiver. This act was passed in the midst of a crisis of illegal immigration surge into the U.S. during the 1990s. This act is totally valid and is very clear in its attitude towards breaking the U.S. immigration law. Where could this judge, assuming she is in her right mind, find a justification for breaking down U.S. sovereignty and imposing her own buffoonish ideology? 

Judge Bloom’s written opinion of the case, relied heavily on the Equal Protection Clause of the constitution. However, I would argue that this clause would not apply in the specific circumstances, as illegal aliens, call them what you please, are not protected under the constitution. They are not legal citizens of the United States, and, therefore, do not warrant equal protection in regard to laws. The preamble of the constitution, written by Governor Morris, states “We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.” Nowhere in that opening statement, call it an abstract, if you wish, is there stated a protection of non-citizens who happen to reside in this country. Judge Bloom has not applied the law as she is sworn to do, but has reiterated the law in a way she sees fashionable.

The abuse of powers by Judge Bloom is egregious. It contradicts one of the most basic tenets of the American government, the separation of powers. It is not at the discretion of the courts to write the law, but rather interpret it. The application of one’s personal ideologies and “lived experiences,” as we now deem the most epiphanous of statements, leads one to believe that the judiciary is truly failing at its job. The undermining of the separation of powers would be detrimental to the fabric of this nation and would inevitably lead to the destruction of our legal system. 

It is up to the citizens of the United States to guard against this detriment to our nation and call a spade a spade. Only through the advocacy of the people of the United States, will the government keep itself in check. In the words of Abraham Lincoln, “Our safety, our liberty, depends upon preserving the Constitution of the United States as our fathers made it inviolate. The people of the United States are the rightful masters of both Congress and the courts, not to overthrow the Constitution, but to overthrow the men who pervert the Constitution.”