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If You Like Title 42, You'll Love Section 212(f)
Center for Immigration Studies ^ | 27 December 2022 | Andrew R. Arthur

Posted on 12/28/2022 3:40:41 AM PST by zeestephen

Section 212(f) of the Immigration and Nationality Act (INA): "Whenever 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."

(Excerpt) Read more at cis.org ...


TOPICS: Chit/Chat
KEYWORDS: amnesty; borders; immigration
The Immigration and Nationality Act (INA) is often referred to as "Title 8" (Title 8 of the U.S. Code).

I am not aware of ANY elected Republican who has publicly referred to Section 212(f) since Joe Biden was elected in 2020.

In fact, I am not aware of ANY elected Republican who has publicly referred to Section 212(f) since Trump was elected in 2016.

1 posted on 12/28/2022 3:40:41 AM PST by zeestephen
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To: zeestephen
There is no US Government.....sovereignty is long-gone, as we are now part of the New World Order, with simple paid-for front men for them called "Congress" and "Potus", and USSC. ALL paid for and doing their bidding. Alternative fuel competition is eliminated, to achieve their "Green Energy" money-making, via the Climate Change Scam.

It's gonna be DECADES before the fed-up serfs rebel against their overseers......

2 posted on 12/28/2022 3:54:09 AM PST by traditional2 (lets go B*and*n)
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To: zeestephen

Prosecutors, What Are the Odds?
What if the Attorney General for the United States, 50 state Attorney Generals, and 1185 District Attorney Generals and all their Deputy Attorney Generals all decided to not prosecute those aiding and abetting illegal aliens?

What if they allowed a mayor to order the police to stand down in a riot?

What if they targeted patriots?

What if they targeted our President?

What if they didn’t prosecute individuals, a single judge, a mayor or governor for changing voting laws without involving their legislature?

What if they allowed individuals to deny us a recount?

What if the Supreme Court of the United States of America turned their heads to voter fraud?

What if that picture of Chuck Schumer with an underage girl on Epstein Island goes unpunished?

What if Joe Biden bribing Ukraine goes unpunished?

What if Hunter Biden selling military tech to the communist Chinese goes unpunished?

What if Hillary Clinton selling uranium to the Russians goes unpunished?

What if we went to war against Syria without a declaration of war and supported the rebels in slaughtering 600,000 people and making 6 million refugees and nobody cared?

What if we let these same people support the rebels in overthrowing Ukraine, Egypt and Libya?

The same people that attacked our President, his lawyers, Flynn, Roger Stone, the same people that supported voter fraud, the same people that support pedophiles in classrooms, the people that sex traffic 10,000 young immigrants a year, all go unpunished by our inept or corrupt attorney generals.

What if the SCOTUS declared the right for open carry and the DOJ decided to ignore the ruling.

There is an attorney general for every state.

Seven states do not popularly elect an attorney general. In Alaska, Hawaii, New Hampshire, New Jersey, and Wyoming, the attorney general is a gubernatorial appointee. The attorney general in Tennessee is appointed by the Tennessee Supreme Court for an eight-year term. In Maine, the attorney general is elected by the state Legislature for a two-year term.


3 posted on 12/28/2022 4:00:17 AM PST by Haddit
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To: traditional2
It's gonna be DECADES before the fed-up serfs rebel against their overseers......

Yes, and over those decades, they will disarm us by brainwashing the children into hating firearms.

4 posted on 12/28/2022 4:04:27 AM PST by Erik Latranyi (We are being manipulated by forces that most do not see)
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To: zeestephen
Re: Title 42

I failed to explain this clearly.

Title 42 is currently being used to exclude or return various immigrants to Mexico because of Covid.

Title 42 is explicitly a public health law.

Title 42 is NOT an immigration law.

The Biden Administration is trying to end enforcement of Title 42 - specifically, as it relates to Covid and illegal immigration.

Conservative Justice Gorsuch actually voted with the Hard Left minority to NOT postpone the end of Title 42 in regard to illegal immigration, most likely because every President has the full authority of Section 212(f) of the INA.

In the meantime, dozens of elected Republicans are defending Title 42, and they NEVER even mention 212(f) in the INA.

5 posted on 12/28/2022 4:29:36 AM PST by zeestephen (43,000)
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To: zeestephen

FWIW, a prediction:

Dmitry Medvedev, Deputy Chairman of the Security Council of the Russian Federation and Putin’s right hand man, issued a pre-New Year’s Eve list of predictions for 2023.

It includes such prophesies as “The Fourth Reich will be created, encompassing the territory of Germany and its satellites, i.e., Poland, the Baltic states, Czechia, Slovakia, the Kiev Republic, and other outcasts” and “Civil war will break out in the US, California. and Texas becoming independent states as a result.

Texas and Mexico will form an allied state. Elon Musk’ll win the presidential election in a number of states which, after the new Civil War’s end, will have been given to the GOP.”


6 posted on 12/28/2022 4:40:16 AM PST by PIF (They came for me and mine ... now its your turn)
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To: zeestephen

Trump was the one who should have invoked it.


7 posted on 12/28/2022 4:42:13 AM PST by 9YearLurker
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To: zeestephen

Only an idiot could misinterpret that posting of Section 212(f), yet, when Trump denied entry to Middle East refugees until they could be fully vetted, it only took one federal judge to illegally throw out Trump’s rightful edict.

Biden has declared that the Covid threat by illegal aliens is over.
SCOTUS disagreed.

December 24, 2022
Yuma Hospital CEO declared that providing care for illegal aliens is unsustainable.


8 posted on 12/28/2022 4:46:58 AM PST by Haddit
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To: Haddit

Everyone in China has Covid again right now. The Chinese are sneaking in across our borders. Maggots like Swillwell are shacking up with them. Covid isn’t over. Biden is just an America-hating, toddler-sniffing, friggin’ liar.


9 posted on 12/28/2022 5:21:51 AM PST by FlingWingFlyer (Hey Amerika! The whole world is watching and laughing their asses off. )
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To: 9YearLurker
Re: "Trump was the one who should have invoked Section 212(f)"

I think Trump tried to in his first year.

A federal judge shot it down based on racial discrimination, because Trump had stated earlier that border jumpers were drug dealers and child sex pimps.

I will research that later today.

Regardless, after that first legal effort, Trump backed down and never invoked 212(f) again.

10 posted on 12/28/2022 5:24:51 AM PST by zeestephen (43,000)
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To: zeestephen

That was just for some selected, 3rd-world, largely Muslim x-holes, though, right? And I thought at some point he got his way on that too. But my memory may well be off.


11 posted on 12/28/2022 6:14:31 AM PST by 9YearLurker
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To: zeestephen

March 16, 2017 ·
I was looking for this paragraph:
(e) Whenever 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.
I pasted this from a PDF. It was so hard to read that I cleaned it up a bit and naturally, this was the last paragraph in this text.
So I’ll share it with you.
Public law 414 chapter 2 section 212
https://www.gpo.gov/.../STATUTE-66/pdf/STATUTE-66-Pg163.pdf
GENERAL CLASSES OF ALIENS INELIGIBLE TO RECEIVE VISAS AND EXCLUDED FROM ADMISSION
SEC. 212. (a) Except as otherwise provided in this Act, the following classes of aliens shall be ineligible to receive visas and shall be excluded from admission into the United States:
(1) Aliens who are feeble-minded;
(2) Aliens who are insane;
(3) Aliens who have had one or more attacks of insanity;
(4) Aliens afflicted with psychopathic personality, epilepsy, or a mental defect;
(5) Aliens who are narcotic drug addicts or chronic alcoholics;
(6) Aliens who are afflicted with tuberculosis in any form, or with leprosy, or any dangerous contagious disease;
(7) Aliens not comprehended within any of the foregoing classes who are certified by the examining surgeon as having a physical defect, disease, or disability, when determined by the consular or immigration officer to be of such a nature that it may affect the ability of the alien to earn a living, unless the alien affirmatively establishes that he will not have to earn a living;
( Aliens who are paupers, professional beggars, or vagrants;
(9) Aliens who have been convicted of a crime involving moral turpitude (other than a purely political offense), or aliens who admit having committed such a crime, or aliens who admit committing acts which constitute the essential elements of such a crime; except that aliens who have committed only one such crime while under the age of eighteen years may be granted a visa and admitted if the crime was committed more than five years prior to the date of the application for a visa or other documentation, and more than five years prior to date of application for admission to the United States, unless the crime resulted in confinement in a prison or correctional institution, in which case such alien must have been released from such confinement more than five years prior to the date of the application for a visa or other documentation, and for admission, to the United States;
(10) Aliens who have been convicted of two or more offenses (other than purely political offenses), regardless of whether the conviction was in a single trial or whether the offenses arose from a single scheme of misconduct and regardless of whether the offenses involved moral turpitude, for which the aggregate sentences to confinement actually imposed were five years or more;
(11) Aliens who are polygamists or who practice polygamy or advocate the practice of polygamy;
(12) Aliens who are prostitutes or who have engaged in prostitution, or aliens coming to the United States solely, principally, or incidentally to engage in prostitution; aliens who directly or indirectly procure or attempt to procure, or who have procured or attempted to procure or to import, prostitutes or persons for the purpose of prostitution or for any other immoral purpose; and aliens who are or have been supported by, or receive or have received, in whole or in part, the proceeds of prostitution or aliens coming to the United States to engage in any other unlawful commercialized vice, whether or not related to prostitution;
(13) Aliens coming to the United States to engage in any immoral sexual act;
(14) Aliens seeking to enter the United States for the purpose of performing skilled or unskilled labor, if the Secretary of Labor has determined and certified to the Secretary of State and to the Attorney General that
(A) sufficient workers in the United States who are able, willing, and qualified are available at the time (of application for a visa and for admission to the United States) and place (to which the alien is destined) to perform such skilled or unskilled labor, or
(B) the employment of such aliens will adversely affect the wages and working conditions of the workers in the United States similarly employed. The exclusion of aliens under this paragraph shall apply only to the following classes:
(i) those aliens described in the nonpreference category of section 203 (a) (4),
(ii) those aliens described in section 101 (a) (27) (C), (27) (D), or (27) (E) (other than the parents, spouses, or children of United States citizens or of aliens lawfully admitted to the United States for permanent residence), unless their services are determined by the Attorney General to be needed urgently in the United States because of the high education, technical training, specialized experience, or exceptional ability of / such immigrants and to be substantially beneficial prospectively to the national economy, cultural interest or welfare of the United States;
(15) Aliens who, in the opinion of the consular officer at the time of application for a visa, or in the opinion of the Attorney General at the time of application for admission, are likely at any time to become public charges;
(16) Aliens who have been excluded from admission and deported and who again seek admission within one year from the date of such deportation, unless prior to their reembarkation at a place outside the United States or their attempt to be admitted from foreign contiguous territory the Attorney General has consented to their reapplying for admission;
(17) Aliens who have been arrested and deported, or who have fallen into distress and have been removed pursuant to this or any prior act, or who have been removed as alien enemies, or who have been removed at Government expense in lieu of deportation pursuant to section 242 (b), unless prior to their embarkation or reembarkation at a place outside the United States or their attempt to be admitted from foreign contiguous territory the Attorney General has consented to their applying or reapplying for admission;
(18) Aliens who are stowaways;
(19) Any alien who seeks to procure, or has sought to procure, or has procured a visa or other documentation, or seeks to enter the United States, by fraud, or by willfully misrepresenting a material fact;
(20) Except as otherwise specifically provided in this Act, any immigrant who at the time of application for admission is not in possession of a valid unexpired immigrant visa, reentry permit, border crossing identification card, or other valid entry document required by this Act, and a valid unexpired passport, or other suitable travel document, or document of identity and nationality, if such document is required under the regulations issued by the Attorney General pursuant to section 211 (e) ;
(21) Except as otherwise specifically provided in this Act, any quota immigrant at the time of application for admission whose visa has been issued without compliance with the provisions of section 203;
(22) Aliens who are ineligible to citizenship, except aliens seeking to enter as nonimmigrants; or persons who have departed from or who have remained outside the United States to avoid or evade training or service in the armed forces in time of war or a period declared by the President to be a national emergency, except aliens who were at the time of such departure nonimmigrant aliens and who seek to reenter the United States as nonimmigrants;
(23) Any alien who has been convicted of a violation of any law or regulation relating to the illicit traffic in narcotic drugs, or who has been convicted of a violation of any law” or regulation governing or controlling the taxing, manufacture, production, compounding, transportation, sale, exchange, dispensing, giving away, importation, exportation, or the possession for the purpose of the manufacture, production, compounding, transportation, sale, exchange, dispensing, giving away, importation or exportation of opium, coca leaves, heroin, marihuana, or any salt derivative or preparation of opium or coca leaves, or isonipecaine or any addiction-forming or addiction-sustaining opiate; or any alien who the consular officer or immigration officers know or have reason to believe is or has been an illicit trafficker in any of the aforementioned drugs;
(24) Aliens (other than those aliens who are native-born citizens of countries enumerated in section 101 (a) (27) (C) and aliens described in section 101 (a) (27) (B)) who seek admission from foreign contiguous territory or adjacent islands, having arrived there on a vessel or aircraft of a nonsignatory line, or if signatory, a noncomplying transportation line under section 238 (a) and who have not resided for at least two years subsequent to such arrival in such territory or adjacent islands;
(25) Aliens (other than aliens who have been lawfully admitted for permanent residence and who are returning from a temporary visit abroad) over sixteen years of age, physically capable of reading, who cannot read and understand some language or dialect;
(26) Any nonimmigrant who is not in possession of
(A) a passport valid for a minimum period of six months from the date of the expiration of the initial period of his admission or contemplated initial period of stay authorizing him to return to the country from which he came or to proceed to and enter some other country during such period; and
(B) at the time of application for admission a valid nonimmigrant visa or border crossing identification card;
(27) Aliens who the consular officer or the Attorney General knows or has reason to believe seek to enter the United States solely, principally, or incidentally to engage in activities which would be prejudicial to the public interest, or endanger the welfare, safety, or security of the United States;
(28) Aliens who are, or at any time have been, members of any of the following classes:
(A) Aliens who are anarchists;
(B) Aliens who advocate or teach, or who are members of or affiliated with any organization that advocates or teaches, opposition to all organized government;
(C) Aliens who are members of or affiliated with (i) the Communist Party of the United States, (ii) any other totalitarian party of the United States, (iii) the Communist Political Association, (iv) the Communist or any other totalitarian party of any State of the United States, of any foreign state, or of any political or geographical subdivision of any foreign state, (v) any section, subsidiary, branch, affiliate, or subdivision of any such association or party, or (vi) the direct predecessors or successors of any such association or party, regardless of what name such group or organization may have used, may now bear, or may hereafter adopt: Provided^ That nothing in this paragraph, or in any other provision of this Act, shall be construed as declaring that the Communist Party does not advocate the overthrow of the Government of the United States by force, violence, or other unconstitutional means;
(D) Aliens not within any of the other provisions of this paragraph who advocate the economic, international, and governmental doctrines of world communism or the establishment in the United States of a totalitarian dictatorship, or who are members of or affiliated with any organization that advocates the economic, international, and governmental doctrines of world communism or the establishment in the United States of a totalitarian dictatorship, either through its own utterances or through any written or printed publications issued or published by or with the permission or consent of or under the authority of such organization or paid for by the funds of, or funds furnished by, such organization;
(E) Aliens not within any of the other provisions of this paragraph, who are members of or affiliated with any organization during the time it is registered or required to be registered under section 7 of the Subversive Activities Control Act of 1950, unless such aliens establish that they did not have knowledge or reason to believe at the time they became members of or affiliated with such an organization (and did not thereafter and prior to the date upon which such organization was so registered or so required to be registered have such knowledge or reason to believe) that such organization was a Communist organization;
(F) Aliens who advocate or teach or who are members of or affiliated with any organization that advocates or teaches
(i) the overthrow by force, violence, or other unconstitutional means of the Government of the United States or of all forms of law; or
(ii) the duty, necessity, or propriety of the unlawful assaulting or killing of any officer or officers (either of specific individuals or of officers generally) of the Government of the United States or of any other organized government, because of his or their official character; or
(iii) the unlawful damage, injury, or destruction of property; or (iv) sabotage;
(G) Aliens who write or publish, or cause to be written or published, or who knowingly circulate, distribute, print, or display, or knowingly cause to be circulated, distributed, printed, published, or displayed, or who knowingly have in their possession for the purpose of circulation, publication, distribution, or display, any written or printed matter, advocating or teaching opposition to all organized government, or advocating or teaching
(i) the overthrow by force, violence, or other unconstitutional means of the Government of the United States or of all forms of law; or
(ii) the duty, necessity, or propriety of the unlawful assaulting or killing of any officer or officers (either of specific individuals or of officers generally) of the Government of the United States or of any other organized government, because of his or their official character; or
(iii) the unlawful damage, injury, or destruction of property; or
(iv) sabotage; or
(v) the economic, international, and governmental doctrines of world communism or the establishment in the United States of a totalitarian dictatorship;
(H) Aliens who are members of or affiliated with any organization that writes, circulates, distributes, prints, publishes, or displays, or causes to be written, circulated, distributed, printed, published, or displayed, or that has in its possession for the purpose of circulation, distribution, publication, issue, or display, any written or printed matter of the character described in paragraph (G);
(I) Any alien who is within any of the classes described in subparagraphs (B), (C), (D), (E), (F), (G), and (H) of this paragraph because of membership in or affiliation with a party or organization or a section, subsidiary, branch, affiliate, or subdivision thereof, may, if not otherwise ineligible, be issued a visa if such alien establishes to the satisfaction of the consular officer when applying for a visa and the consular officer finds that
(i) such membership or affiliation is or was involuntary, or is or was solely when under sixteen years of age, by operation of law, or for purposes of obtaining employment, food rations, or other essentials of living and where necessary for such purposes, or
(ii) (a) since the termination of such membership or affiliation, such alien is and has been, for at least five years prior to the date of the application for a visa, actively opposed to the doctrine, program, principles, and ideology of such party or organization or the section, subsidiary, branch, or affiliate or subdivision thereof, and
(b) the admission of such alien into the United States would be in the public interest. Any such alien to whom a visa has been issued under the provisions’ of this subparagraph may, if not otherwise inadmissible, be admitted into the United States if he shall establish to the satisfaction of the Attorney General when applying for admission to the United States and the Attorney General finds that
(i) such membership or affiliation is or was involuntary, or is or was solely when under sixteen years of age, by operation of law, or for purposes of obtaining employment, food rations, or other essentials of living and when necessary for such purposes, or
(ii) (a) since the termination of such membership or affiliation, such alien is and has been, for at such membership or affiliation, such alien is and has been, for at least five years prior to the date of the application for admission actively opposed to the doctrine, program, principles, and ideology of such party or organization or the section, subsidiary, branch, or affiliate or subdivision thereof, and
(b) the admission of such alien into the United States would be in the public interest. The Attorney General shall promptly make a detailed report to the Congress in the case of each alien who is or shall be admitted into the United States under (ii) of this subparagraph;
(29) Aliens with respect to whom the consular officer or the Attorney General knows or has reasonable ground to believe probably would, after entry,
(A) engage in activities which would be prohibited by the laws of the United States relating to espionage, sabotage, public disorder, or in other activity subversive to the national security,
(B) engage in any activity a purpose of which is the opposition to, or the control or overthrow of, the Government of the United States, by force, violence, or other unconstitutional means, or
(C) join, affiliate with, or participate in the activities of any organization which is registered or required to be registered under section 7 of the Subversive Activities Control Act of 1950;
(30) Any alien accompanying another alien ordered to be excluded and deported and certified to be helpless from sickness or mental or physical disability or infancy pursuant to section 237 (e), whose protection or guardianship is required by the alien ordered excluded and deported;
(31) Any alien who at any time shall have, knowingly and for gain, encouraged, induced, assisted, abetted, or aided any other alien to enter or to try to enter the United States in violation of law,
(b) The provisions of paragraph (25) of subsection (a) shall not be applicable to any alien who
(1) is the parent, grandparent, spouse, daughter, or son of an admissible alien, or any alien lawfully admitted for permanent residence, or any citizen of the United States, if accompanying such admissible alien, or coming to join such citizen or alien lawfully admitted, and if otherwise admissible, or
(2) proves that he is seeking admission to the United States to avoid religious persecution in the country of his last permanent residence, whether such persecution be evidenced by overt acts or by laws or governmental regulations that discriminate against such alien or any group to which he belongs because of his religious faith. For the purpose of ascertaining whether an alien can read under paragraph (25) of subsection
(a), the consular officers and immigration officers shall be furnished with slips of uniform size, prepared under direction of the Attorney General, each containing not less than thirty nor more than forty words in ordinary use, printed in plainly legible type, in one of the various languages or dialects of immigrants. Each alien may designate the particular language or dialect in which he desires the examination to be made and shall be required to read and understand the words printed on the slip in such language or dialect.
(c) Aliens lawfully admitted for permanent residence who temporarily proceeded abroad voluntarily and not under an order of deportation, and who are returning to a lawful unrelinquished domicile of seven consecutive years, may be admitted in the discretion of the Attorney General without regard to the provisions of paragraph (1) through (25) and paragraphs (30) and (31) of subsection (a). Nothing contained in this subsection shall limit the authority of the Attorney General to exercise the discretion vested in him under section 211 (b).
(d) (1) The provisions of paragraphs (11) and (25) of subsection (a) shall not be applicable to any alien who in good faith is seeking to enter the United States as a nonimmigrant.
(2) The provisions of paragraph (28) of subsection (a) of this section shall not be applicable to any alien who is seeking to enter the United States temporarily as a nonimmigrant under paragraph (15) (A) (iii) or (15) (G) (v) of section 101 (a).
(3) Except as provided in this subsection, an alien
(A) who is applying for a nonimmigrant visa and is known or believed by the consular officer to be ineligible for such visa under one or more of the paragraphs enumerated in subsection (a) (other than paragraphs (27) and (29)), may, after approval by the Attorney General of a recommendation by the Secretary of State or by the consular officer that the alien be admitted temporarily despite his inadmissibility, be granted such a visa and may be admitted into the United States temporarily as a nonimmigrant in the discretion of the Attorney General, or
(B) who is inadmissible under one or more of the paragraphs enumerated in subsection (a) (other than paragraphs (27) and (29)), but who is in possession of appropriate documents or is granted a waiver thereof and is seeking admission, may be admitted into the United States temporarily as a nonimmigrant in the discretion of the Attorney General.
(4) Either or both of the requirements of paragraph (26) of subsection (a) may be waived by the Attorney General and the Secretary of State acting jointly
(A) on the basis of unforeseen emergency in individual cases, or
(B) on the basis of reciprocity with respect to nationals of foreign contiguous territory or of adjacent islands and residents thereof having a common nationality with such nationals, or
(C) in the case of aliens proceeding in immediate and continuous transit through the United States under contracts authorized in section 238 (d).
(5) The Attorney General may in his discretion parole into the United States temporarily under such conditions as he may prescribe for emergent reasons or for reasons deemed strictly in the public interest any alien applying for admission to the United States, but such parole of such alien shall not be regarded as an admission of the alien and when the purposes of such parole shall, in the opinion of the Attorney General, have been served the alien shall forthwith return or be returned to the custody from which he was paroled and thereafter his case shall continue to be dealt with in the same manner as that of any other applicant for admission to the United States.
(6) The Attorney General shall prescribe conditions, including exaction of such bonds as may be necessary, to control and regulate the admission and return of excludable aliens applying for temporary admission under this subsection. The Attorney General shall make a detailed report to the Congress in any case in which he exercises his authority under paragraph (3) of this subsection on behalf of any alien excludable under paragraphs (9), (10), and (28) of subsection (a).
(7) The provisions of subsection (a) of this section, except paragraphs (20), (21), and (26), shall be applicable to any alien who shall leave Hawaii, Alaska, Guam, Puerto Rico, or the Virgin Islands of the United States, and who seeks to enter the continental United States or any other place under the jurisdiction of the United States: Provided That persons who were admitted to Hawaii under the last sentence of section 8 (a) (1) of the Act of March 24, 1934, as amended (48 Stat. 456), and aliens who were admitted to Hawaii as nationals of the United States shall not be excepted by this paragraph from the application of paragraphs (20) and (21) of subsection (a) of this section, unless they belong to a class declared to be nonquota immigrants under the provisions of section 101 (a) (27) of this Act, other than subparagraph (C) thereof, or unless they were admitted to Hawaii with an immigration visa. The Attorney General shall by regulations provide a method and procedure for the temporary admission to the United States of the aliens described in this proviso. Any alien described in this paragraph, who is excluded from admission to the United States, shall be immediately deported in the manner provided by section 237 (a) of this Act.
( Upon a basis of reciprocity accredited officials of foreign governments, their immediate families, attendants, servants, and personal employees may be admitted in immediate and continuous transit through the United States without regard to the provisions of this section except paragraphs (26), (27), and (29) of subsection (a) of this section.
(e) Whenever 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.


12 posted on 12/28/2022 6:22:33 AM PST by Haddit
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To: zeestephen

https://theintercept.com/2018/10/04/judge-restores-temporary-protected-status-trump-racism/?fbclid=IwAR0KufX2GEFlDI371tFz97ncXmw9UOfd8A7nSvIgquQ8SYpMs83tQCtE1AA

CITING TRUMP’S RACISM, A FEDERAL JUDGE RESTORES PROTECTIONS FOR IMMIGRANTS FLEEING WARS AND DISASTERS

A federal court has suspended the Trump administration’s termination of temporary protected status for hundreds of thousands of refugees.

Leighton Akio WoodhouseLeighton Akio Woodhouse
October 4 2018, 8:48 a.m.

A FEDERAL COURT in San Francisco has suspended the Trump administration’s termination of temporary protected status for hundreds of thousands of immigrant refugees living in the United States.

On October 3, U.S. District Court Judge Edward Chen issued a preliminary injunction that prohibits the administration from stripping temporary protected status from immigrants who fled wars and natural disasters in El Salvador, Nicaragua, Haiti, and Sudan between 1997 and 2010 to seek refuge in the U.S. The injunction will allow these immigrants to remain in the country legally and with work authorization until the lawsuit challenging the administration’s temporary protected status terminations is resolved in the courts.

With the government almost certain to appeal the decision, and with the liberal 9th Circuit Court of Appeals likely to uphold it, this ultimately leaves the fate of temporary protected status in the hands of the Supreme Court. The futures of temporary protected status-holders and their families thus hang on the outcome of the confirmation battle over Judge Brett Kavanaugh, or a replacement nominee. For the time being, however, this ruling affords them a temporary reprieve.

Congress created the temporary protected status designation in 1990 to extend safe haven to foreign nationals fleeing humanitarian catastrophes. Under the law, the secretary of homeland security periodically reviews the conditions in the countries to which the government has extended temporary protected status designations, and determines whether to extend or terminate that status. Prior administrations have repeatedly extended the temporary protected status designations for El Salvador, Nicaragua, Haiti, and Sudan, deeming the conditions in those countries unsafe for protected status-holders to return to them. The Trump administration, however, has elected to terminate temporary protected status for all four countries.


13 posted on 12/28/2022 6:29:08 AM PST by Haddit
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To: zeestephen

Obama’s third term: 13 times courts said Trump must continue Obama’s lawless policies
Daniel Horowitz · August 20, 2018
https://www.theblaze.com/conservative-review/obamas-third-term-13-times-courts-said-trump-must-continue-obamas-lawless-policies

With the runaway train of judicial supremacy consuming our political system, do elections really matter any more?

Anyone who has his head above the sand should recognize by now that the unelected judiciary – what was supposed to be the weakest branch of government – has been accorded the status of sole and final arbiter of every social and political question in recent years. But there is a subset of this judicial tyranny that is particularly disturbing. In addition to overstepping their jurisdiction, ignoring the Constitution, and abusing the rules of standing, courts are now using Obama’s discretionary executive policies (many of which were lawless) as a new legal baseline, thereby prohibiting Trump from merely reverting back to the way things were before Obama unilaterally changed the law.
Here are 13 prominent examples:

1) Executive amnesty: This must be at the top of anyone’s list. Obama’s unilateral violation of American sovereignty and immigration law was likely the most lawless act of an executive in recent memory. But when Trump simply countermanded that usurpation, a number of district judges – from William Alsup and Nicholas Garaufis to John Bates – said he must continue issuing work permits and visas to people who, under the law, must be deported. Shockingly, the Supreme Court refused to grant the government an expedited appeal despite the unprecedented circumstances, forcing the administration to first go through the crazy Ninth Circuit.

2) Presidents set refugee levels … except for Trump: The law (8 U.S.C. §1157(a)(2)) grants the president full authority to set the circumstances and numbers of refugees, yet several district judges, including Theodore Chuang of Maryland, ruled that Trump must continue the refugee policies of Obama. Evidently, only Democrat presidents can set the refugee cap. Unfortunately, the administration gave in to these courts and modified the refugee provisions of the “travel ban,” so this issue never had its day at the Supreme Court.

3) Temporary immigration status is really permanent: Temporary Protected Status (TPS) is designed to afford temporary residence to those here legally while a natural disaster happens to take place in their countries. Contrary to statute, Bush and Obama extended it to illegal aliens and made it permanent for many countries. Trump merely followed the statute and made this status temporary, yet Judge Denise Casper said that because Trump is a racist, the word “temporary” in the statute really means “permanent.”

4) Catch-and-release of bogus asylum seekers: Obama not only expanded the definition of asylum but began releasing even adults who came here as bogus asylum seekers. Judge Dana Sabraw mandated that Trump continue catch-and-release. Additionally, in July, Judge James E. Boasberg, a federal judge in the D.C. District, certified an entire class of Central American asylum-seekers to lodge an injunction against five ICE offices for not continuing another Obama policy of granting paroles to aliens who passed the credible fear test. Boasberg is also a member of the lawless FISA court.


14 posted on 12/28/2022 6:33:03 AM PST by Haddit
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