As one reads through Atlas Shrugged, there comes a point in the story when men are afraid to act. They know that, no matter the decision they make, they will come under fire and probably lose their precious job. The job was precious because the bureaucrats had bogged industries down with laws and regulations that many were out of work. And those in power had centralized all decision making to the point that no one would make a decision. Well, this fictitious situation is now reality in our court system.
This is illustrated for us by two cases that Fox News has brought to light.
When Francisco Javier Chavez posted bail on charges of beating a California toddler within an inch of her life in late July, there was little reason to expect the illegal immigrant, who has spent much of his adult life hopping back and forth across the Mexican border, would return to face justice.
Two weeks later, at his scheduled arraignment on Aug. 13, Chavez was a no-show. The 27-year-old career criminal had put up $10,000, or 10 percent of the amount set for his alleged crimes by California’s bail schedule. His disappearance is hardly a surprise to critics who believe violent illegal immigrants are, by definition, flight risks who should be denied bail in such serious cases. They say judges, especially in border states plagued by illegal immigrant crime, are naive or worse if they expect suspects who regularly cross in and out of Mexico to take the U.S. justice system seriously.
In this first case, we have an illegal man. This man has spent most of his life coming into and being deported from America. He has been convicted of various violent crimes and has beaten and crippled a two-year-old little girl. But, instead of realizing that this border jumper would flee the country just to pop up somewhere else to hurt others, he is freed on bail.
Weeks after Chavez slipped out of custody, on Sept. 1, another 2-year-old toddler named Jonathan Montez was run down and killed in San Bernardino County. Illegal immigrant Jose Enrique Vasquez, 53, an unlicensed driver who witnesses said was speeding down the child’s residential street, fled the scene, according to authorities. He was arrested two weeks later, and, like Chavez, was granted bail.
Vasquez also has compiled a lengthy criminal record under various aliases, including charges of spousal abuse, battery of a peace officer, driving without a license, driving under the influence and armed robbery. But other charges in his criminal record might have given a judge pause in considering bail according to critics, including failure to appear in court, possession of false citizenship documents and eight deportations for illegally entering the country.
This man runs over and kills a child, but does not even care enough to stop? Once caught, he, like Chavez is allowed to leave on bail. But is it all the judges’ fault? Sure they could deny bail, but then they would likely receive a slap on the wrist or be reprimanded for civil rights violations.
But even jurisdictions that do not implement sanctuary policies believe that two federal court rulings, the 2013 California “Trust Act,” which limits “cruel and costly immigration hold requests in local jails,” and an ambiguous White House policy all bar them from holding illegal immigrants who have posted bail until federal authorities can collect and deport them – even if ICE asks them to via what is known as a “detainer request.”
The American Civil Liberties Union has sued jurisdictions that attempted to honor the ICE detainers, and the Department of Justice has not intervened in the cases to underscore its support of them. As a result, local law enforcement agencies say they have no choice but to let even violent illegal immigrant suspects walk once they are granted bail.
And here we are, at a place where men and women know what is right and desire to do it, but the cost for them is too high. They know that these violent men are going to disappear. They know that they are going to hurt or kill other innocent people. But they have to choose. Those people possibly hurt in the future or their jobs now.
And it is clear that this situation is set up by the administration’s foolish understanding of immigration. It does not help that we are now being ruled by Lewis’ chestless generation. They know what the right thing is, but they have no reason to follow that path, so they choose peace instead of morality.
God have mercy on us.