Horowitz: Illegal aliens now allowed to challenge their removal as not in line with Biden’s unlawful ‘priorities’

A tale of two classes of people. The alien is the citizen and the citizen is the alien.

American businessmen are being threatened with jail time for exercising their property rights because they supposedly violated a royal edict of individual governors, which in itself is against our written laws. Many are having trouble finding legal help.

At the same time, illegal aliens are pouring into our country thanks to a royal edict of Joe Biden essentially promising to suspend most deportations – against our written laws. Now, the Biden administration is offering illegal aliens a formal process through which they can contest their deportation if they feel it doesn't comport with Biden's "priorities."

No such process was accorded to the American people before they had their rights stripped under the new regime of COVID fascism. Indeed, we are second-class citizens in our own land.

On Friday, Immigration and Customs Enforcement (ICE) announced the creation of the ICE Case Review (ICR) process for individuals who believe their case does not align with ICE's enforcement, detention, and removal "priorities." What's the nature of the process?

"This process continues efforts to further the development of an orderly immigration system that treats individuals humanely while ensuring national security, border security, and public safety," wrote ICE in a press release last Friday. "The ICR process offers another channel through which noncitizens and their representatives can request that ICE exercise its prosecutorial discretion on a particular noncitizen's behalf, and to resolve questions and concerns, consistent with law, policy, and the interests of justice."

Talk about the inmates running the asylum! I wish I could have my request heard on behalf of so many business owners who believe the various departments of health could better exercise their prosecutorial discretion by not going after those who seek to exercise their property rights. I guess that is only for "noncitizens and their representatives."

Now hold that thought and pay attention to the story of Marlena Pavlos-Hackney, a Polish immigrant who came here to escape communism in the early 1990s. She is the antithesis of those invading our border. She came here with permission and started a restaurant in Holland, Michigan, only to now be confronted with communism in the land of the once free. She now faces a bench warrant for her arrest for keeping her business open after losing her license. Why did she lose her license? She had the audacity to earn a living and keep it open when Gov. Gretchen Whitmer illegally shut restaurants and ruined the lives of their owners.

Where is the government-funded legal help for her? Where is her hotline to call and demand that the government focus its "prosecutorial discretion" on people who are actually a threat to society? A hard-working American immigrant is being stripped of her constitutional rights, while illegal aliens who either engage in criminal conspiracies of human smuggling or who pay the evil cartels get to manipulate our legal system against our laws and national sovereignty.

There is a two-tier justice system in this country that is beyond anything our founders could have imagined. While Marlena is facing arrest for not having "social distancing" in her restaurant, the CDC is now allowing child care shelters that house illegal aliens to expand from 50% capacity to 100% capacity. Numerous illegal aliens who test positive continue to be released into the country. And that's if they even bother to request a test. At present, the CDC is not requiring all the illegal aliens to even take a test. Yet if an American travels from abroad, he must have a negative COVID test in order to enter the U.S. If non-Americans invade our land border? Not so much.

Just last week, in a 5-3 decision, the Supreme Court reaffirmed that the burden of proof to demonstrate eligibility to remain in the country is on the alien, not on the United States. The Immigration and Nationality Act (§1229a(c)(2)(A)) clearly states that an alien applying for admission show "clearly and beyond doubt" that he is "entitled to be admitted and is not inadmissible." Those laws have now been unilaterally canceled in favor of Joe Biden's new standard of everyone being legal until proven otherwise.