Posted on 11/01/2018 11:22:23 PM PDT by 2ndDivisionVet
President Donald Trump delivered a sharply worded speech on immigration Thursday, vowing to hold undocumented immigrants in detention until they could be deported and to block asylum seekers from claiming asylum if they are caught crossing the border outside of legal ports of entry.
Both measures are expected to be met with lawsuits in federal court. Under current law, immigrants are allowed to make a claim for asylum anywhere in the United States, no matter how they entered.
And the Trump administration would be in violation of international asylum law as well, said Scott Anderson, a David M. Rubinstein fellow in governance studies at The Brookings Institution.
"U.S. treaty obligations require the United States to extend asylum to individuals who qualify as refugees if they are found in the United States or at any U.S. border, regardless of whether they arrived their legally or not," said Anderson. "The same treaties also prohibit the United States from expelling qualified individuals or returning them to their country of origin absent certain extraordinary circumstances."
The White House did not immediately respond to a request for comment on how the administration plans to establish its legal authority to change asylum law through an executive action....
(Excerpt) Read more at nbcnews.com ...
Trump needs to order that NO law suits , Federal or otherwise , shall be heard , or allowed , by any party , regarding the oncoming invasion of illegal immigrants . They have ZERO standing . Let none protest that they have standing for them . Order the DoJ to vigorously prosecute any lawyer , judge or law firm that attempts advance such frivolous , standing-less suits at this time Shut down this BS process 100% . NOW
The questions that Americans have to answer when the go to Canada make sense for everyone.
And since when does “international asylum law” supersede the US Constitution?
Here’s to hoping that Amnesty International, the World Court, the UN and the International Criminal Court send some folks over to let the President of the United States know that.
If so-called asylum seekers try to sneak across the border, then they aren’t asylum seekers. Unless an asylum seeker is in immediate peril for his life, he should have to apply for asylum at the US embassy in his country.
That is not how the American system of government works. That is a dictatorship.
Most of them turned it down.
It wasn't even the "first country" they hit, after leaving their own nations; which is the rule/law. Ergo...then can NO LONGER BE DEEMED "ASYLUM SEEKERS", which makes their claim as "asylum seekers" in the USA, null and void according to ALL law!
Well bully for Scott Anderson and the fellow David Rubenstein whoever the h*ll he is!
I'm sure President Trump is trembling in his boots over fear of "international law"!
And why don't these two clowns go after Pakistan and Iran if they are so interested in violations of international law? Hmmm? Crickets.
Screw it , That’s how things SHOULD work , and will work .
To hell with the Liberal courts, judges and lawyers overturning everything the President tries to do , costing us millions in their stupid appeals and endangering the nation in the process . F that . Order that NO illegal migrant TRO’s will be heard . ZERO!
You have no idea HOW our system works.
Should get Mexico to say same for anyone and everyone that enters Mexico and approaches our border. Pay them for each that then stay in Mexico. Those that insist on going to the US are immediately returned to Mexico or their home country or, if UN prefers, to any country that welcomes them.
Works for me...except the paying Mexico bit; we already PAY THEM and too damned much!
LOL!
In 2015, Candidate Trump was going to build a Wall.
In 2018, President Trump is going to build tent cities for people who falsely claim asylum.
Show me the “tent cities” in the article.
Analysis from 8chan
“. I have spent several hours researching the international law on this, and want to provide a synopsis.
As suspected, PDJT with cooperation from Mexico’s Nieto has indeed already sprung a legal trap based on longstanding international law.
The basic international refugee law is the UN’s 1951 Refugee Convention, ratified by 145 UN member states including Mexico and US, and administered by Geneva based UNHCR.
Article 27(1) established the concept of ‘country of first asylum’. It is the first country reached by a person seeking asylum status that meets two criteria:
(a) that country has offered the person refugee status, and
(b) that country also offers sufficient protection from the conditions causing the refugee to seek asylum.
Mexico’s offer to provide caravan members with asylum, housing, schooling, and work means it IS the country of first asylum. This also means it is automatically entitled to UN assistance from UNHCR (financial and otherwise, such a medical, tents or other housing, food ), none of which is directly on our US nickel.
Refugees may also seek further asylum in third countries, and the first country MAY allow this under Article 26(2)(a) ‘reassignment’ (especially if first country refugees prove burdensome for that country—think Greece and Syrians), but ONLY IF the further move is safe from ‘refoulment’. Refoulment is defined as a risk of refugee being returned by third country to country of origin from which fled seeking asylum.
US policy has long been that if refugee asylum is NOT granted, the failed ‘refugee’ is deported to country of origin—definitely risking refoulment according to the 1951 Refugee Convention. This means that Mexico cannot under international law allow the caravan to move to the US border seeking third country US asylum. It gives Nieto long established international law cover to stop the caravans moving on, period. Legal cover for failing to provide transportation is but one example.
It does something else for PDJT. There can be no valid liberal US or international law challenge to a US refusal to even consider asylum petitions from caravan members who do reach the border. I think that might be the essence of today’s presser, and then at the rally tonight he explains again more simply how ‘Catch NO release’ from the Fort Myer rally last night works legally. Liberal slpody heads coming.
It also does something even better. It means the proposed tent cities to hold caught caravan members are just there to hold them pending (only) illegal entry deportation hearings, NOT asylum petitions. The deportation hearings can go very fast because there are no facts at issue (entry was illegal), easily within the 30 days before children have to be separated from parents. Hence ‘catch NO release’, another new campaign slogan as good as ‘Jobs not Mobs’.
PDJT has got this beautifully, and under long standing international law. Even UN can do nothing but whine.”
May not be in the article, but Trump has said it repeatedly now—both in his interview with Laura I and again yesterday afternoon.
Trump announced “tent cities” during his White House press conference on Thursday.
time to get out of the UN.
31 Oct: Irish Times: Climate change: Ireland failing on ‘human rights obligations’, says UN
Government must take more effective measures, according to UN human rights expert
by Kevin O’Sullivan
The UN Special Rapporteur on Human Rights and the Environment has called the Government’s failure to take more effective measures to address climate change “a breach of Ireland’s human rights obligations”.
The detailed statement issued by Special Rapporteur Prof David Boyd represents a landmark intervention by a UN human rights expert in an Irish environmental law case...
Climate Case Ireland spokeswoman Sadhbh O’Neill said the UN Special Rapporteur’s intervention in the case is “hugely significant”.
“Ireland is under international scrutiny because we are not doing our fair share to reduce emissions...
The Special Rapporteur’s 13-page statement has been submitted by FIE to the High Court as part of its ongoing legal proceedings against the Government. The case is scheduled to be heard at the Four Courts over four days from January 22nd, 2019...
The UN Special Rapporteur on Human Rights and the Environment is appointed by the UN Human Rights Council. Its mandate holders act independently to “examine, monitor, advise, and publicly report” on human rights problems in monitoring sovereign nations and democratically elected governments and policies. This is why the Irish intervention is believed to be unprecedented, Ms O’Neill told The Irish Times...
The council has repeatedly adopted resolutions reiterating its concerns about the effects of climate change on human rights, particularly those of the most vulnerable...
https://www.irishtimes.com/news/environment/climate-change-ireland-failing-on-human-rights-obligations-says-un-1.3681485
Thanks for that research.
But if the caravan members simply go to one of our ports of entry and then declare that they are asylum seekers, then they are allowed in (though can be held in a tent city) until they have an actual asylum hearing, aren’t they?
Isn’t the tent city to be built on the Mexico side?
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