Posted on 11/08/2018 2:22:30 PM PST by Covenantor
Applies President’s authority to suspend entry to asylum
Acting Attorney General Matthew Whitaker and Department of Homeland Security Secretary Kirstjen Nielsen today announced an Interim Final Rule declaring that those aliens who contravene a presidential suspension or limitation on entry into the United States through the southern border with Mexico issued under section 212(f) or 215(a)(1) of the Immigration and Nationality Act (INA) will be rendered ineligible for asylum.
The Acting Attorney General and the Secretary issued the following joint statement:
“Consistent with our immigration laws, the President has the broad authority to suspend or restrict the entry of aliens into the United States if he determines it to be in the national interest to do so. Today's rule applies this important principle to aliens who violate such a suspension or restriction regarding the southern border imposed by the President by invoking an express authority provided by Congress to restrict eligibility for asylum. Our asylum system is overwhelmed with too many meritless asylum claims from aliens who place a tremendous burden on our resources, preventing us from being able to expeditiously grant asylum to those who truly deserve it. Today, we are using the authority granted to us by Congress to bar aliens who violate a Presidential suspension of entry or other restriction from asylum eligibility.”
Section 212(f) of the Immigration and INA states that “[w]henever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate.”
Further, Section 215(a) of the INA states that it is “unlawful…for any alien to depart from or enter or attempt to depart from or enter the United States except under such reasonable rules, regulations, and orders, and subject to such limitations and exceptions as the President may prescribe.”
In Section 208(d)(5)(B) of the INA, Congress specified that the Attorney General “may provide by regulation for any other conditions or limitations on the consideration of an application for asylum.”
Today’s new rule applies to prospective presidential proclamations, and is not retroactive.
Asylum is a discretionary form of relief granted by the Executive Branch on a discretionary basis to those fleeing persecution on the basis of their race, religion, nationality, membership in a particular social group, or political opinion. The rule does not render such aliens ineligible for withholding of removal under the INA or protection from removal under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
New sheriff in town ping
for your ping lists
p
Quick. Find and ObamaJudge and get an injunction.
Can’t have the caravans being ineligible for asylum.
Excellent!!
The judicial challenge, injunction, appeal and SCOTUS overrule in support of the President shall now commence.
Done less than 24 hours after that useless sack of Sessions was fired.
Bravo Mr. President.
L
Winning!
Good! And you have to realize that I have nothing against real immigrants, particularly Latin Americans, but it’s just wrong to be expected to let everybody just flood over our borders any time they feel like it. Or rather, any time their dysfunctional governments want to get rid of them or Soros wants to stage a sympathy moment for his project to undercut the US...
for your ping lists
yeah... how hard was that?
That depends on who was doing it apparently.
Waaaaay too hard for Jefferson Beauregard Sessions.
L
Excellent!!
The judicial challenge, injunction, appeal and SCOTUS overrule in support of the President shall now commence.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Yup. The democrats already wasted all their ammo on that one. They forced him to clarify it at the Supreme Court and they lost bigly.
Stroke of the pen, law of the land - kinda cool....
Discretionary means whatever a federal district judge takes it to mean and it won’t be hard to find one who thinks it means Trump is the anti-Christ and nothing he wants or does is legal and voila a nationwide injunction forbidding any change and it will take 3 years to get to the Supreme Court and be overruled.
Yup. In the meantime the Caravaners will get their asylum claims adjudicated.
That will take years.
...Quick. Find and ObamaJudge and get an injunction.
Can’t have the caravans being ineligible for asylum...
Must allow caravans coming from Central America to Hawaii and Washington state. Those District Judges must act quickly
to protect them.
So does this mean:
1) ICE agents can use force to keep anyone from crossing the border
2) If someone gets 2 meters into the border can they be escorted back?
Any other country I wouldn’t have to ask such stupid questions. For example ages ago flying to London. Customs asks “Do you plan to work in the UK?”. If I said Yes, they would have put me on the next plane back home.
Ping!
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