On Friday’s Mark Levin Show, immigration proceedings are civil in nature, not criminal, and illegal aliens only have limited due process protections as established by congressional statutes and Supreme Court rulings. U.S. immigration laws explicitly restrict illegal aliens from raising certain arguments in federal courts, forbid judicial review of designated executive actions and confine jurisdiction over specific claims to particular federal courts. When federal courts exercise authority over claims that are barred, unreviewable, or jurisdictionally restricted under these statutes, they contravene federal law. In such instances, the Supreme Court should intervene as needed to reaffirm these boundaries. Also, Americanism is fundamentally incompatible with Islamism as it seeks to conquer and destroy the West, particularly the United States. The Democrat Party defends this ideology by opposing deportations and removals, allowing this cancer to spread. Instead of live and let live, Islamism demands conformity or death. If Democrats win the midterms, they will cripple President Trump’s efforts to protect the nation, as they prioritize party power over the Constitution, welcoming Marxists and Islamists alike because they hate the country but love their authority. Later, the lies about ICE agents quickly get headlines from the media and when they try to set the record straight it goes to the back page. The newest one is that ICE detained a 5-year-old boy, which is a lie. ICE agents are patriotic, humane Americans who target serious criminals like killers and child predators, and Democrats seek to defund them. The Democrat Party hates hardworking, law-abiding American citizens.
Heritage Foundation
Due Process and Aliens: What They Are and Are Not Entitled to in Immigration Proceedings
The Mirror
Arizona AG suggests residents may gun down masked ICE agents if they felt threatened under state law
Jewish Onliner
Qatar’s Foreign Influence in American K-12 Classrooms
Just The News
Axis of Anarchy: Minnesota anti-ICE ‘shutdown’ backed by DSA, Communists, unions, CCP-tied network
Photo by Jim Watson – Pool
The podcast for this show can be streamed or downloaded from the Audio Rewind page.
Rough transcription of Hour 1
Segment 1
Hello America. Mark Levin here. Our number 877-381-3811. 877-381-3811. How you be? We’re going to go over a lot this evening, but I thought I’d start somewhere. About immigration. Oh, Mark. Immigration. Stay with me. The Democrats are a conga line of buffoons. Telling us that they want to get rid of ICE, that they’re going to shut down. The government of ICE is in control. In other words, if their future constituency and their future citizen children are deported. They’re going to shut down the government. This has been their big plan. We’ve talked about it for years and here it is. But I wanted to give you some facts and some law. About the nature of deporting people, due process and so forth. You hear people throw these terms around and they’re lying to you. Our friends, Hans von Spakovsky. Expert in the series written about it. I’ve written about it myself, but I like the way he summarizes. Immigration cases are civil rather than criminal proceedings. And aliens have limited due process rights as defined by Congress and Supreme Court precedents. Now, those rates differ depending on whether aliens are trying to enter this country or are already here legally or illegally, as well as their visa or other status. So all they’re in federal law. Now federal immigration statutes bar aliens from asserting certain claims in federal courts. Excuse me, prohibit any federal court from reviewing specified federal government actions such as the attorney general’s enforcement of deportation orders. Let me stop at that comma. Congress has strictly limited the role of federal courts in deportation matters. Got it. And the reason is they didn’t want to bog down the federal court system in 770 federal trial judges with immigration cases where nothing else could be heard in the federal judiciary. So the ability to go to federal court is extremely limited. And often when these radical left wing lawyers dressed up as judges, some of them should be in wearing white robes and hoods, but they wear black robes. That’s right. Them. They give standing and they hear cases that they’re really not even supposed to hear in many cases. And limit which federal courts have jurisdiction over particular alien claims. Federal courts, assuming jurisdiction over such banned, prohibited or limited claims, are violating federal law. Got that. Now, some critics of the Trump administration’s enforcement of federal immigration law, including members of the public, the media and Congress, have made misleading claims about the due process rights that apply in immigration proceedings. Those who claim that non-citizens referred to in our nation’s immigration laws as aliens are entitled to the full panoply of constitutional rights enjoyed by American citizens are flatly wrong and failed to differentiate between criminal prosecutions and immigration proceedings, the latter of which are civil proceedings. As provided by Congress and by some court decisions interpreting the Constitution. Aliens have only limited due process rights in immigration proceedings. Quite limited. Those rates differ depending on the alien status and whether he or she is outside the United States and trying to enter this country already in the country legally or illegally. In fact, several federal immigration statutes, specifically bar aliens from even asserting certain claims in federal courts. Federal courts, assuming jurisdiction over such claims by aliens, are violating federal law, and any orders they issue ought to be declared void or invalid by an appellate court. Now, regardless of their legal status, aliens, a.k.a. foreigners, are entitled to the same constitutional due process rights provided to criminal defense criminal who are citizens when they are being criminally prosecuted for assault, rape, burglary, kidnapping, murder or other crimes. However, immigration proceedings to barring aliens entry are to remove or deport. That is, deport and remove are synonymous in federal immigration law. An alien present inside the United States are not criminal proceedings. As the Supreme Court first outlined in 1893 in Fung you ting versus us a decision in which it rejected habeas corpus petitions filed by Chinese citizens who claimed they were being unlawfully detained by U.S. Marshals, quote, without due process of law, unquote. The immigration proceeding is in no proper sense a trial and sentence for a crime or offense. It is simply the ascertainment by appropriate and lawful means of the fact, whether the conditions exist upon which Congress has enacted, that an alien of this particular class may remain within the country. The order of deportation is not a punishment for crime. It is but a method of enforcing the return to his own country of an alien who has not complied with the conditions upon the performance of which the government of the nation, acting within its constitutional authority and through the proper departments, has determined that his continuing to reside here shall depend. On what? On what? It shall depend, I should say. That’s the court’s decision in 1893. And the court added an alien being removed by the government is not being deprived of life, liberty or property. I’m quoting from the decision and that the provisions of the Constitution securing the right to trial by jury and prohibiting unreasonable searches and seizures and cruel and unusual punishments, therefore have no application of any kind. Now, that is also why federal immigration officers do not need a warrant issued by a judge before arresting and detaining aliens. And why aliens are not entitled to be advised of their Miranda rights or to the assistance of a government appointed lawyer during their deportation proceedings. That’s a 1966 Supreme Court decision, Miranda versus Arizona. You may have heard of it. The Supreme Court held that under the Fifth Amendment due process, criminal defendants must be warned that they have a right to be silent, that anything they say can be used against them in a court of law, that they are entitled to an attorney, and that if they cannot afford an attorney, one has to be appointed by the government to represent them before they can be questioned. The fact that the removal process is a civil proceeding was reaffirmed by the Supreme Court in 2010 and Padilla versus Kentucky. Miranda has nothing to do with it. Civil proceeding. The court held on that case that a criminal defense attorney provided ineffective assistance of counsel when he misinformed his client, a permanent resident alien charged with transporting drugs of the possible immigration consequences of pleading guilty. Now, while that guilty plea in his criminal prosecution made his deportation virtually mandatory under federal immigration law, the court noted it had long recognized that deportation is particularly severe penalty, but it is not, in a strict sense, a criminal sanction. The court emphasized that removal proceedings are civil in nature. I asked versus Lopez Mendoza in 1984. Stick with me. Then you’re going to see how outrageous the media have been, outrageous these Democrats are. And these Democrat judges, aliens are not even entitled to the protection of the ex post facto clause of the Constitution. Article one, Section nine, Clause three provides that no ex post facto law shall be passed by Congress. That is after the fact Law XPO Factor laws impose criminal punishments on conduct that was lawful when it was done in 1954 in a case involving the deportation of an alien who’d been a member of the Communist Party before, such membership had been a deportable offense. The Supreme Court held that, and I quote, It has been the unbroken rule of this court that the ex post facto clause has no application for deportation. Why raise your hand? Because it’s a civil proceeding against an alien. Galvin versus Press, 1954. The Alien was a member of the Communist Party from 1944 to 46, and membership in the Communist Party was not made a deportable offense until Congress passed the Internal Security Act in 1950. Aliens also cannot claim selective prosecution when they are contesting removal. 1999 Reno versus American-Arab Anti-Discrimination Committee. The court ruled that an alien unlawfully in this country has no constitutional right to assert selective enforcement as a defense against his deportation. So the due process rights in civil immigration proceedings are very limited as outlined and defined by Congress and federal immigration laws and the procedural rules promulgated by an attorney general for the conduct of federal immigration proceedings. In addition, federal immigration courts are not Article three courts in which judges must be confirmed by the Senate, their bureaucrats. They are administrative courts within the Department of Justice. We call them immigration judges. They’re not federal judges at all. In fact, I would argue they’re not judges at all. They are employees of the Department of Justice or selected by the attorney general and who act as the attorney general’s delegates in the cases that come before them. So when you hear about an immigration judge, these are bureaucrats appointed by an attorney general who work in and for the Department of Justice. Now I only it’s attempting to let me take a break and continue. Is this useful, Mr. Producer? I just want you to know what we’re dealing with with these Democrats and these these phony protesters. We’ll be right back.
Segment 2
23 years ago today, Daniel Pearl was kidnapped by al Qaeda operatives. KSM, KSM was given safe haven, an apartment, and a job by Qatar. Qatar. 23 years ago. Before they slit his throat and decapitated him. On camera. They said convert to Islam. His final words were, My father is Jewish, my mother is Jewish, I am Jewish. My family follows Judaism. And they sold off his neck and his head. For the whole world to see. I’ve just posted. I believe it’s up now, a video that I want you to look at. Now my social sites. It’s very difficult to the young woman. Maybe she’s 18, 20 years old, could be your daughter, could be your granddaughter. Some subhuman throws her to the ground, steps on her head, kicks her. Drags her, then pulls out a machete in the video, cuts off. This is what’s happening in Iran. The estimate now from the best estimates are 43,000 people murdered, 43,000 people in three and a half weeks. 43,000 a football stadium, A people. And they’re accelerating. There. Training. 43,000. 330,000 injured. God knows how many are in in prisons. Look at that video. Send it to everybody. You know, send it to the president, send it to the Senate, Send it to the House of Representatives, Senate, the Democrats, Senate, the Republicans. I don’t care. I see this. I think of my daughter, my granddaughter. I think. My God, these. These disgusting monsters. It’s just. It’s just unbelievable. Unbelievable. Look at that video. Did you see that video? Most of it is. That poor thing, that poor girl. For doing what? She wasn’t violent. Marching, marching, walking. They’re also just grabbing anybody off the street. Now. I tell you, I don’t pray a lot, but I’m praying that this regime is taken down, that Khamenei is taken out. It’s not going to be that easy. I understand. It’s going to be difficult. Khamenei has to go the way this is set up, and you’ll see this on Sunday nights. Life, Liberty and Levin. The regime isn’t just a regime with various institutions or anything like that. They’ve created circles and inner circles of individuals with various degrees of power, and all the power ultimately belongs to Khamenei. The regime exists for Khomeini and his sons. I will get back to immigration, but I just. It just turns my stomach. You got to go Look at this. I’ll be right back.
Segment 3
You think this problem’s just over there? I’m going to make a slight detour. We’ll circle back on immigration, but I go where I go. I want you to listen to this. Imam Sheikh Uthman, Iban Farooq, based in California, a so-called Islamic scholar. I want you to listen to this. In the United States, spreading his filth, his hate, his cancer. Far and wide. And unfortunately not all, of course, but a lot of these mosques that are used by these Islamists are really used to spread the revolution against the West, against the United States. That’s their primary purpose. And these imams, what they do is they is they put a religious patina around what they’re doing. So God is calling on people you see, to destroy this country. Cut five. Go. How is have intimacy? Nice English there. How is have intimacy with a slave? Not adultery and hello. But having intimacy with a non slave adultery When you have that intimate relationship with your wife or a woman with her husband, is that a no? Well, no. Why is it not adultery? Because a law made it alone. That’s what I think. Why is it that if somebody is not married and they have intimate relations, marital relations, that’s considered then adultery? Because Allow me that. I don’t that is the line between a line item then not and not then adultery and not adultery. Right. So allow me. The spousal relations between the husband, wife. Hello. And a love made that those people taken under award not regularly under war as captives who are trying to kill you, but now you’re going to support and keep in your house and spend on and treat. Well, this is like a wife. This is somebody who you can have a close relationship. But the fellow minute hello, that is not there that is not adultery because allow me to up That’s the line I made it high which means you can have sex slaves. That’s what he’s saying. So now what he’s saying, Mr. Producer, you’re going to have sex slaves. You see if it’s a war or if you believe it’s a war like with protesters. Well, of course you can abuse the women. You can have sex with the women. And then you can kill the women. That’s in the United States, in California right there. As we hear more of this, I’m going to play it for you. Here we have Mohammed Nazari at a Chicago Islamic scholar. An Islamic scholar. Quote unquote. This is a couple of months ago. A couple of months ago. In Chicago. Cut, forego. And fortunately, these days we don’t repeat this enough or we know we don’t have this. Just maybe the concept is firm in our minds that Islam did not come to coexistence. Islam is the Islam. Your life and Islam. Yahoo! What are you already? And Islam is raised high and nothing is raised above Islam. We can think of Islam that came to live with these other religions in the sense that Islam is a religion amongst those religions and they have a share with the truth and they have achieved a share of justice and they have a share of, you know, this worship of a lost the correct version of a lost cannot of Islam came to correct all of that. Islam came to remove the oppression of all those religions. And it is the only truth and it is the only way to justice. You understand? How did this man get into my country? Our country. You understand why I say it’s incompatible with the Judeo-Christian belief system? It’s incompatible with our declaration, it’s incompatible with the Constitution and our Bill of Rights. It’s about conquering and destroying the West and the United States in particular. That’s what it is. That’s a so-called scholar in Chicago. And you heard the imam in California. I’ve got scores of these. And the Democrat Party comes to the defense of this. They can’t deport people. They can’t remove people. And so the cancer spreads. No live and let live it. You live the way I say are you die? It seems to me that’s problematic. I may be the only one talking the truth about this stuff. I don’t know. But it has to be done. Somebody’s got to speak out. You want to live in an Iran? You want to live in a Qatar? Do you want to live in a Saudi Arabia? Do you want to live with a Hamas Islamic Jihad? The Muslim Brotherhood? The Taliban? The greatest country in the face of the earth. We open our arms to Omar, to Talib. Today’s imams and the others. And look what they want to do. No, I’m not overstating it. Obviously there are Muslims who don’t think this way. We’re talking about whatever percentage it is that do, and they shouldn’t be here. They should be removed. Well, we have radical left wing Democrat judges. We have a Democrat Party. That has created this militia, Toronto’s and billionaires and the rest who have the media behind them who are trying to destroy ICE. We’re not going to shut down the government unless we control ice. Not these bastards who are talking about overthrowing our country, raping women. Destroying every other faith. These Democrats Swalwell, Newsom, Pence, scare prince, scare pants or whatever his name is. All of them. This is what they’re defending. My dummy, for God’s sakes. It’s no joke. Why do you think they’re killing Christians in Africa? That’s the belief system. Why do you think they’re killing Muslims in Yemen who don’t go along? Why do you think they’re killing all these beautiful young people in Iran? Don’t hang me. Qatar. They can go to hell. Don’t hang me. Saudi Arabia. They can go to hell. They attacked us on 911. No, I’m not going to forget it. And these swine, these pigs, these phony podcasters and influencers were in the back pocket of these regimes. Oh, sure. There’s no problem. Sure. Why shouldn’t Iran have nuclear weapons? Those are traitors. Traitors. That’s what they are. That’s what they are. Look at your children and your grandchildren. What kind of future are they going to have in this country? The Democrats with the midterm elections are they’re going to spend their entire time trying to cripple Donald Trump as he’s trying to protect this nation. It’s all they care about. And they don’t care who they learn into this country. They intend to protect them because they want power. They don’t care if the power comes from Marxist Islamists. They don’t care. They don’t care because the party comes first. Their power comes first. They obviously hate the country. But they love their power, which they get through the party. They don’t get it through the Constitution. Here in Virginia, Democrats take over. Within 24 hours. They want to change the voting system so they can’t lose massive tax increases on working people. Working people. Then they want to increase the brackets on wealthy people. Why do they copy these failed states like California, New York and and New Jersey and Illinois? Because of power. That’s why they want Republicans to leave. They want businesses to leave. They want a pliant population. That’s what they want. When we talk about the Constitution, limited government, individual liberty, the sovereignty of the individual in one ear and out the other. The Marxists don’t care. The Islamists don’t care. What do you mean, limited government? God tells us to crush you. That’s their thinking. And for the Marxists, they wave around the Constitution in order to destroy it. In order to destroy it. I’ll be right back.
Segment 4
I’m going to finish this immigration matter on Monday. I’m not I’m not in a mood now to do it. We will do it. Just so you understand that ICE is following the law, that the media are liars, that the Democrat Party are hoodlums. I know that they don’t care about the American people. They hate the country. All they want is power. It’s like what Michelle Obama said, you know? Now she feels good about the country. Why? Because her husband won the election. Other than that, she didn’t feel good about the country. Now she goes around making an ass out of herself with the dumbest comments imaginable. It’s a great country. We’re great people and we’re under attack. By people who hate us. Who want to control us, who want to destroy our faiths. In her way of life. And people in Virginia, they voted for Democrats, most of whom positioned themselves as moderates right out of the box D-r.i. They want to teach elementary school students all kinds of perversion about sex and mutilation. And of course, everybody that’s been abused and discriminated against. And on and on and on. America sucks. And that’s what you’re going to get K through 12. And you better pay your your property tax bill, which has gone through the roof. They’re going to raise income taxes. They’re going to make it miserable. Then they’ll blame Trump and they’ll talk about affordability. That’s what they do. It’s what they do. Electricity bills. I just saw an analysis. Are through the roof. In Democrat states, almost exclusively in Democrat states. If you live there, you pay more for electricity than anywhere else. Why? Because they reduce the amount of electricity they produce. That’s why. And that’s intentional. That is a man. A man made. Event. So if you lose your electricity during this storm. Well, then who are you going to blame? Climate change. Why don’t you blame the culprits, The Democrats? It was an honor to be interviewed the other day. On what they call Iran International TV, which is really. In opposition, in opposition to the regime there. And I have to say for our dad, fire FARZAD, who interviewed me, was superb. He was a real journalist. Was in a suck up or anything like that. He was a real journalist and he did a fantastic job and. I think we may play a little bit of that. As time goes on, Zaha, Madame comes to the defence of Mahout Mahmud Khalil. Remember this? This lowlife lied his way into the country. The Secretary of State stepped in and said, All right, you’re out of here. A lower federal judge, a radical Democrat lawyer, dressed up as a judge in a black robe. Said, No, you can’t do that. He didn’t even have authority to do that. So an appellate court panel, two out of the three judges excuse me, said, no, you don’t have the authority. Lower court judge, the secretary of state does. And adios, muchacho. Tarmac bullets can heal. Who basically was a mouthpiece for Hamas. A wonderful contributor. And what about the First Amendment? What about, hey, these are immigration laws. This guy lied his way in on his visa. Now get your ass out of my country. Get your ass out of my country. And he will. Here, Zoran Mamdani. He ought to get his ass out of my country to catch sex. Go. Mahmood Khaleel is a New Yorker. No, he’s not a New Yorker, you jerk. You’re a liar. You. Go ahead. Mahmoud Khalil is a New Yorker. He should remain in New York City. Clapping seals. We have seen this attack on him is part of a larger attack on the freedom of speech that is. Now, listen to me. Listen to me. Listen how they do the freedom of speech. Tell me one Islamist country. I didn’t say Muslim general Islamist country of freedom of speech in Iran. There’s slaughtered 43,000 people, 43,000 people in less than a month. Freedom of speech. You have freedom of speech. In Saudi Arabia? No, not if you don’t want to get your head cut off. How about Qatar? No, no, of course not. And if you don’t want your limbs cut off. Freedom of speech. This man dares to talk to us about freedom of speech. It’s not about freedom of speech. He’s here illegally, you schmuck. Go ahead. It comes to the use of that speech to stand up for Palestinian human rights. Oh, that’s it. Human rights. This phrase, Palestinian human rights I find to be very bizarre when I think of. The Fatah Party and Hamas party, who are elected by Palestinian are both elected. I don’t think of human rights, do you, Mr. Producer? Human rights? Yes. When it comes to Islamists. Don’t you think of human rights, America? Especially when it comes to women. Huh? Don’t you think? By the way, where are these left wing women’s groups? You know, they used to burn their bras and bounce around town and all. Where are they? Nowhere. Nowhere. Zero. Where are the women in Congress? Nowhere. Zero, except Taleb and Omar and their ilk. They’re on the side of the women abusers. Which is cultural. Cultural. There’s direct talks about free speech and human rights. Go ahead and I will make that clear to everyone. And I have said it time and again that he deserves to stay in the city. He deserves to be in the city just like any other New Yorker. Based on what? Moron. Based on what? He’s been here a few years. He lied on his visa. He’s not a student he participated in. These riots that took place using talking points from Hamas. He’s had his, quote unquote, day in immigration court. He’s to be removed. Secretary of state says he’s to be removed, but Zoran Mamdani wants him to stay. Why? We all know why. Part of the revolution.
