Just as the Clinton Administration moved to make detaining illegal aliens illegal, the Biden Regime Administration Amnesty is moving at full speed to make even arresting illegal aliens, well, illegal. For the Biden Regime, just instructing agents and officers of the Department of Homeland Security (DHS) to stop making arrests is not enough; they must make it illegal for any future administration to reverse that policy.

The comparison is to when Janet “Send In The Waco Killers” Reno created the Flores Settlement that prohibited detaining most juvenile illegal aliens arrested at the border. Here is my excellent summary on the illegality of the Flores Settlement: Biden’s “Sue and Settle” $450K Illegal Alien Deal Breaks The Law, November 21, 2021.

Following the election of Donald Trump as President and the renewed zerg rush at the border, the Trump Administration attempted to rein in the Flores Settlement. Flores was itself illegal and unconstitutional as it enjoined the enforcement of an authority held by the legacy Immigration and Naturalization Service (INS), and then DHS, that was codified in statute, that any alien arrested and placed in removal proceedings was to be held by the Attorney General, then the Secretary of DHS, until that alien was deported or admitted to the United States by an Immigration Judge of the Executive Office for Immigration Review (EOIR).

That authority was always implied in statute, but codified in Title 8 United States Code Section 1226, Apprehension and Detention of Aliens as part of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. However, the Trump Administration failed to attack the Flores Settlement directly and failed to rein it in.

Kritarchs were part of the strategy to thwart the Trump Administration attempt to end Flores. However, the Clinton plan was quite long term; to thwart immigration enforcement by refusal to enforce the law and use kritarchs in the judicial branch to thwart enforcement by opening the borders to illegal aliens under the guise of judicial supremacy, including any renewed use of detention by any future administration, making the borders wide open for illegal alien minors, and to establish a strategy to thwart immigration enforcement in general.

Make a settlement, establish this settlement as the new policy irrespective of whether the settlement contravenes established law as passed by Congress, and use kritarchs to enforce it. Essentially the Flores Settlement replaced Congress with a mere settlement of a legal case signed by a mere Assistant U.S. Attorney, and a conniving kritarch. Quite some coup d’état, or insurrection if you will: our national legislature, the Congress of the United States, replaced by one judge and one Assistant U.S. Attorney signing a settlement to a lawsuit.

And it worked quite well. Even before and into the Trump Administration kritarchs led by the Chinese agent Dolly Gee waged a relentless campaign against detention of illegal aliens, including expanding Flores to include all illegal aliens with minor children.

So, there we have the plan, a corrupt Administration, be it Clinton, Obama, or Biden, settles a case involving immigration in court, makes it policy for the nation, and then a crazed kritarch expands that “settlement” in scope, creating their own new “statute” on immigration policy or enforcement, usurping actual statutes and the authority of the Legislative Branch of our government. In this case the specific authority to detain illegal aliens.

Using this pattern and practice, the Biden Regime had decided to go after the authority of immigration officers to make arrests. The authority of immigration officers to make arrests is red letter law: any immigration officer may detain and question any alien as to that alien’s right to remain in the United States, and if not satisfied as to that alien’s right to remain, may make an arrest. However, the Biden Regime wants to end that authority. The Biden Regime has not proposed legislation to Congress to restrict the authority of immigration officers, but instead decided to use the Flores strategy and kritarchs to undermine and effectively prohibit immigration arrests throughout the interior of the United States. And if read with its full implications, it will eventually cause Dolly Gee or another kritarch to order an end to arrests at the border as well.

President Joe Biden’s top Department of Homeland Security (DHS) officials are set to issue a new memo that is likely to further cripple Immigration and Customs Enforcement (ICE) agents’ ability to arrest illegal aliens.

A class-action lawsuit, initially brought by a number of open borders groups, demanded recourse for illegal aliens who were arrested by ICE agents as part of “collateral arrests” in traffic stops and often without a judicial warrant.

As a result, a settlement was approved this month by the District Court for the Northern District of Illinois that will hamper ICE agents’ ability to arrest illegal aliens, particularly in the Midwest.

Biden’s DHS is ordered to issue a new nationwide policy that requires ICE agents to consider a variety of factors before arresting illegal aliens in traffic stops and without a warrant. Particularly, ICE agents will only be allowed to make traffic stop arrests if they have reasonable suspicion to believe that illegal aliens are in the vehicle.

ICE officials will also be required to document the legal basis for each traffic stop arrest of an illegal alien and agents will have to undergo new training measures to comply with the policies.

Across Illinois, Indiana, Wisconsin, Missouri, Kansas, and Kentucky, the settlement allows illegal aliens who were arrested by ICE agents via a traffic stop or without a warrant to seek recourse by being released from federal custody.

The policy is certain to further cripple interior immigration enforcement.

[Biden to Crack Down on Arrests of Illegal Aliens in American Communities, by John Binder, Breitbart, February 14, 2022]

Some readers may find this eerily familiar. I warned about Deep State saboteurs in ICE SVU that were seeking to impose the same policy on ICE SVU, stop the proactive arrest of illegal aliens in the interior of the United States using long established tactics generally referred to as Area Control and City Patrol, where Border Patrol Agents, Special Agents, and Deportation Officers search out and arrest illegal aliens in the public sphere. [The ICE “Office of the Principal Legal Advisor”—#DeepState Saboteurs, by Federale, VDare, December 6, 2017]. One of the centers of the Deep State in DHS is the U.S. Immigration and Customs Enforcement Office of the Principal Legal Advisor (ICE OPLA), which the component of ICE that is staffed by attorneys charged with prosecuting immigration cases before the EOIR. OPLA has been actively sabotaging immigration enforcement, as above, by ceding cases to the Treason Bar based on arrests of illegal aliens in the public sphere, and thwarting arrests in general. In some ICE SVU offices like the one in San Francisco, the OPLA office has to approve all arrests by ICE SVU prior to the arrest being made, which essentially makes public enforcement of immigration laws impossible outside of planned raids.

The result of this and other Biden Regime Administrative Amnesty policies is that ICE SVU has deported the fewest number of illegal aliens in 20 years.

You heard it here first.