Posted by: Floyd J Fernandez, J.D. | July 8, 2016

Of Cabbages and Kings

“The time has come, said the walrus, to speak of many things…of cabbages and kings….If the moon is made of sealing wax, and whether pigs have wings.”–‘Alice in Wonderland Through the Looking Glass.’

The U.S. Supreme Court made a ruling two weeks ago which, after so many other things have happened in the world, has been drowned out to obscurity.  In this world of everything happening in “real time,”  two week old news is now an eternity.  But ‘U.S. v. Texas,’ has made the field of immigration both more complicated and more stabilized.  Complicated, because now 4.3 million undocumenteds are now forced to worry more and sleep less, now that any supposed eligibility to stay in the U.S.A. is now greatly curtailed.  Stabilized, because Barack Obama is not able to empower immigrants with executive fiat.  He didn’t even follow the protocols for preserving a proposed bureaucratic–60 days comment and complaint.

But the Fifth Circuit Court didn’t stop there.  They said that Obama ‘failed to uphold the laws as written.’  The argument was telling, that refusal to prosecute those who did not have a criminal record was a failure of a constitutional oath.  However, the U.S. Supreme Court simply, on a 4-4 vote (because of Antonin Scalia’s sudden death in February), let the 5th Circuit decision stand without comment.  That can be reversed after the November election, depending on who becomes President, and particularly on who replaces Scalia on the Court.

The government has the right to petition the High Court for rehearing after a replacement for Scalia is found.  It will have to come within less than 45 days from the decision, and will be subject to refusal.  But the Court will be hard pressed to justify its refusal, given the major political and human drama such a refusal would wreak on the public, especially the 11 million undocumenteds and their families.


We live in a time where all the previous rules and expectations of who would be President have been turned on their head.  Unless you have been under a rock, Donald Trump has said plenty of things about mass deportations and barring Muslims from entering the U.S.  Then he has backtracked, in an attempt to sound more reasonable, only to sound off again.  Of course, Hillary Clinton is going to look for ways to sound like she is going to pretend that there are no borders, and make it as easy for immigrants to come into the country, for any reason, as if to her national borders and sovereignty mean nothing, which to her, of course, they don’t.

With changes that could be made so easily via regulatory order…and a heck of a lot closer to legal status and supportability than the DAPA order of November 2014 was.  Changes in interpretation of what makes up a single person gaining a visa (per person or per household), changes in what makes a single visa application against the H-1B, L-1, OPT, and EB-5 programs, to name a few, would make for a tremendous reduction in waiting lines, and make the inducement to engage in illegal entry or visa overstay much less attractive.  But Obama announced last week that no further orders concerning immigration will be issued during this last year of his term.  Once again, either incompetence, pure neglect, or deliberate criminal dereliction of duty and his oath of office, the legacy of this man on the one issue in which he could have seen a bi-partisan resolution of one of America’s thorniest issues.  But then, that would have taken an issue off the political table, and Barack Obama is not about accomplishing anything, oh no.  He’s into creating continued conflict in the aim of what he deems his “fundamental transformation of America.”  His inspiration, Saul Alinsky, and Hillary Clinton’s mentor, taught the use of proletarian war as the means of change.

After all, why resolve immigration when you can make it a means to build a coalition that will rule America forever?

–The Old Alcalde–

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