The collusive lawsuit between the ACLU and the Biden administration for immigration reparations is an illegal and unethical sham

The ACLU sued the United States for money on behalf of illegal immigrants for being separated from their children when they were caught and detained at the border. The Wall Street Journal reported a few weeks ago that the Department of Justice was considering settling the case for about $450,000 per individual – a settlement amounting to over a million dollars in the case of a family of three and over two million for a family of five.

The basis for the ACLU’s lawsuit on behalf of the immigrants is not clear. Most legal experts agree that whatever the morality of putting children into shelters, it is lawful. That’s what happens when parents commit a crime and are incarcerated. The lawsuit appears designed to establish new judge-made law to the effect that when the crime is illegal immigration, the children must be incarcerated with the parents (who may or may not actually be their parents) in an adult prison.

That of course would be untenable. Which is why immigration activists are pushing it. Being a generous people, Americans would not allow the incarceration of children in adult prisons, and so the effect would be to prevent the incarceration of the parents too.

Joe Biden characteristically professed no knowledge of this. In answer to a reporter’s question, he snapped that the WSJ’s report was “garbage.” The ACLU immediately issued a statement saying Biden was wrong. The administration a few days later admitted as much, but stated that the $450,000 figure was incorrect.

The net effect is this. In a case seeking compensation from the U.S. government with taxpayer money on a novel and unproven legal theory, the lawyers responsible for representing the American people have already thrown in the towel.

It’s not just the DOJ lawyers who’ve thrown in the towel, but also their boss. Against all legal precedent and against the interests of the people he serves, Biden has stated that the immigrants “deserve” compensation.

The polls suggest that Biden is once again out of touch with the sentiment of the American people. Not to mention out of touch with his own DOJ.

But this goes beyond a political matter. Biden’s words and the DOJ’s actions are arguably unconstitutional, illegal and in violation of the rules of ethics governing attorneys.

The Constitution limits lawsuits in the federal judiciary to “cases and controversies.” This means that the courts are empowered only to apply the law to decide actual disputes. Courts do not serve to rubberstamp settlement agreements in make-believe cases brought by allied parties for the purpose of establishing new law. Stated another way, courts do not serve as mini-legislatures to enact laws at the behest of parties who pretend to disagree but are actually in cahoots.

Cahoots describes exactly the arrangement between the ACLU and Biden’s DOJ. The two sides pretend to disagree but actually are colluding to establish new law to dispense taxpayer money to illegal immigrants that they’ve decided deserve it.

This lawsuit is therefore not a case and controversy, as the Constitution requires. Instead, both sides are actually on the same side – the side of the illegal immigrants. The lawsuit is thus unconstitutional.

It’s also unethical. Under the rules of ethics, attorneys are required to advocate the interests of their client. Attorneys who have interests conflicting with their clients’ interests have what is both technically and commonly known as a conflict of interest. Attorneys with a conflict of interest are generally required to withdraw from representing the client, so that the client is assured that his interests alone are what the attorney advocates.

This sham litigation by Biden’s DOJ in collusion with the ACLU is in violation of this ethics rule. The DOJ attorneys are not zealously representing the interests of their client, namely the U.S. government and the American people. They’re instead advancing the personal political and philosophical sentiments of themselves and the president – to the detriment of their clients.

In view of their conflict of interest in this case, the DOJ attorneys should be replaced with private attorneys to represent the government and the American people.

If that doesn’t happen, an ethics complaint should be filed against the DOJ attorneys with the applicable bar association (anyone can file such a complaint) and a motion should be filed with the court by an intervening party (anyone can move to intervene) to disqualify them.

Glenn K. Beaton practiced law in the Federal Courts, including the Supreme Court. 

29 thoughts on “The collusive lawsuit between the ACLU and the Biden administration for immigration reparations is an illegal and unethical sham

  1. While I’m absolutely sickened by thought of thousands of children being kept in cages, -a practice first implemented by the U.S. Pharaoh- the twisted practice of rewarding lawbreakers was the absolute beginning (See: 1960’s riots) of end for this nation.

    As I’ve taught for years: Illegal Immigration. Gun Control. The Environment. Three issues debated (Read: exploited) Today – and 50-years too late.

      • Indeed. As the most anti-Christian politician to ever occupy The White House, I referred to the former Barry Sotero as the U.S. Pharaoh since 2009. Besides, as a Christian I will not speak the names of false-deities – nor the U.S. Pharaoh.

  2. This is absolutely despicable; just how stupid can our country be and continue to be? And for us that see what it is going on, well we and most certainly our elected advocates in government need to get some fire in our bellies and fight this. And this is just the latest of one after another that just keep piling up from these fools, of the “garbage” that this administration is putting out.

  3. Glenn, if you are inclined and able to act as one of the “anyones” cited in your final paragraph, here’s one of your readers who’s willing to help “crowdfund” the endeavor.

  4. What would happen if millions of good American citizens refused to pay their federal income taxes, if this debacle actually came to be?

    • You first 😁. Have you seen how many additional IRS agents the new spending bill provides for? Have you noticed how underutilized our prisons are lately? There’s room for you, once they’re done seizing your assets. As for trying to organize mass civil disobedience, expect a visit from the Federal Bureau of Intimidation.

  5. Since when has the Democrat party given a flying F☆☆☆ about constitutional law, except when it serves thier political purposes?
    Lets drop the charade.

  6. I would only add that the ACLU was founded by Roger Baldwin, then a die hard communist, about a century ago. Baldwin publicly renounced communism in the mid 1930s, but the ACLU has continued on its Marxist/Left path of civic destruction ever since.

    This USDOJ/ACLU collusion to make illegal aliens very rich is just an adaptation of the Cloward and Piven strategy to overwhelm the welfare system in order to cripple our nation. The Left hasn’t fully realized their goals of addicting US citizens to the government so they have tweaked their strategy by importing millions of welfare addicts from south of the border and beyond. This is truly sociopathic political behavior, and Biden and Merrick Garland seem to be little more than puppets of the Left.

    God Save America …

  7. In your statement you referred to immigrants which should have been “Illegal” immigrants. If illegal activity causes the government to separate you from your family and reparations are mandated, the government must then be obligated to give $450,000 to all the thousands of families who were separated by their father sent to prison because of his illegal activity. C’mon lets be consistent and fair!

  8. What are the links to steps anyone can take to file said ethics complaints? Do I assume correctly that “anyone” means any US citizen has standing to file such a complaint in this particular, regardless of state and county of residence? I would certainly file such wherever, whenever possible. I am not a lawyer, but I am a US citizen, ordained minister of the Gospel, and theologian. I am unable to travel more than a day trip to file such a complaint and would most easily do it online, if that is possible. I assume, Glenn, that you have or will file such complaint(s), as appropriate and possible.

  9. So, Glenn, you still think this demented barely human wrecking ball was legitimately elected? 81 million votes? Ha! C’mon, man!

    • Um, is your point that if a person is a bad president (as I predicted Biden would be, an outcome that I actively opposed) then his election must have been not only bad, but fraudulent?

      I don’t follow that logic. If that’s right, then I guess Jimmy Carter’s election was fraudulent, as was Andrew Johnson’s and James Buchanan’s. I think you’re confusing two different issues.

    • I’m with you, mrdoug. Any political apparatus that can fly 80 planes full of illegals to Florida (and that’s just one location) in the dead of night without the State’s knowledge can and would certainly rig an election. After all, it’s relatively simple to drive a truckload of ballots from New York State to Harrisburg PA in the dead of night during a prolonged suspension of ballot-counting, as we know was done, among myriad other shady practices.

      • First, Chad, as for the ballot issue in Pa, we do not “know that was done.” The story you cite was by a truckdriver with a long criminal history and who believes his house is haunted. His story has been widely debunked.

        Second, it would take very widespread fraud to overturn the election. Trump would have to reverse the outcome of four states. The evidence of such widespread fraud is basically zero. Yes, there was fraud — there always is and this time there may have been more of it — but a statistician would say the odds of sufficiently widespread fraud are basically zero.

        Note too that this has not gone uninvestigated. Motivated people with resources have spent a lot of time and money trying to prove it. The results are squat.

        Third, the flying of illegals to Florida in nighttime is despicable. But it’s not illegal. Your point is essentially, “They did something bad in flying illegals to Florida, so they probably committed election fraud to steal the election — even though we can’t prove it.” That’s not even logical, much less persuasive.

        I’m firmly on the record for having voted for Trump and actively campaigned for him. I really hate Biden. I think he’s the stupidest and most corrupt and destructive president of my lifetime. But I’m not willing to go all tribal. I’m not willing to say he and his people committed felonies to change the outcome of the election just because I think he’s a rotten president.

        As a lawyer considering the possibility of criminal behavior, I look for evidence. Here, there isn’t nearly enough to show — much less prove — criminal behavior. Heck, there’s not really enough for even a decent conspiracy theory. There was far more evidence behind the grassy knoll.

        We conservatives need to get past this “I’m-angry-so-Biden-must-have-stole-it” childishness. If we don’t, we play right into the hands of the left, and squander a terrific opportunity to regain Congress and the White House.

      • The only part of your rebuke that dismays me, Glenn, begins with the assertion that it is “not illegal” to fly and dump illegals around the country. (OK, not “dump” exactly, since there are allied political entities such as Catholic Charities on the ground to give the appearance of order and moral propriety.) Look, this government is fragrantly facilitating the invasion of the nation and more covertly engaging in a form of human trafficking. Both are egregious violations of a social contract rooted in Natural Law and in — oh, I don’t know, shall we start with Article IV, Section 4 of The Constitution?

        Not technically “illegal” or “criminal”? OK, let’s keep it “political” then. So far only a handful of House members such as Marjorie Taylor Greene have put forth a motion to impeach; where the hell is everybody else? — waiting 1 to 3 years for the “iffy” ascendency of some very iffy Republicans, during which time the damage to the fabric of our society will be incalculable and most likely irreversible?

        No, I don’t have proof of a stolen election (certainly not with the Pennsylvania truck driver), just the hunch that where there is so much smoke and stench, there must have been an electrical fire behind the walls — especially since the electricians are scumbags who are trying to steal the country.

        Perhaps we’ll know more after all the Dominion lawsuits shakeout — unless, of course, they are “settled” with huge sums of cash.

      • That’s “flagrantly, definitely not “fragrantly.” I did mention “stench,” after all.

  10. The illegal immigrant recipients will likely get very little of that money. Instead, it will be siphoned off by the ACLU lawyers “representing” them as compensation for the $100s of millions donated by the ACLU to Democrat campaigns.

  11. This is the same type of collusion that the EPA uses to force the courts to amend or create environmental regulations – like drinking water standards. For example, they work with a green organization to bring a suit against the EPA to lower maximum arsenic concentration in drinking water from 50 ppb to 5 ppb. There is no science or justification for the lower limit other than if the EPA would adopt the proposed limit, the suit will be dropped. If not, the NGO adds other organizations and persons to make a class-action suit. Of course, much more money needs to be raised to do this. Whenever the litigants, in collusion with each other, reach their desired goals (read: $$), the EPA rolls and the suit is settled.

  12. The collusion here is to funnel government money to the ACLU via their contingent fee cut of the “settlement”. What is 1/3 of $1,000,000,000?

  13. Fantastic piece. ” .. an ethics complaint should be filed against the DOJ attorneys with the applicable bar association (anyone can file such a complaint) and a motion should be filed with the court by an intervening party (anyone can move to intervene) to disqualify them.” That sounds like an interesting move. Myself, I’d have no idea of how and where to even begin.

    Side note: It is an extremely rich irony that the President and his administration are taking a tough stance in defense of Poland’s (the EU’s) national sovereignty and in defense of Poland’s border, They are even considering toughening up the current sanctions against Belarus’s President Lushenko accusing him of funneling thousands of Middle Eastern illegal immigrants at the border to destabilize Poland (the EU). Hey, what about America’s border, Mr President? What about the destablizing effect of the broken border of our own country? .. crickets .. And zero news reporters will even ever ask him those questions.

    • If the EU is backing Poland, that’s beyond ironic — it’s almost unbelievable.
      Poor Poland, saddled with a government that cares about the welfare of its people.

  14. Same process was used to steal the 2020 election. ‘Rats lawyer Mark Elias sued State AG’s who colluded on settlements that changed election rules without the consent of the state legislators.

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