Posted on 10/27/2018 9:29:39 AM PDT by jazusamo
In the end he follows the law. Legally he has to admit for adjudication anyone who claims asylum. There are not enough judges to even begin to deal with the ones they catch daily and all have been coached to claim asylum. There is also a limt on how long they can be held before they have to be released. They can[t put them back across the border and they would just return if such happened. The international standard to which our government has subscribed states that that asylum seekers have to make application only to the first country they come to. Our asylum law which is pursuant to that ignores that part.
He will not do something like that until after the elections.
The President has it within his statutory and constitutional authority to suspend all grants of asylum, should he choose to do so. This was reaffirmed by the SCOTUS in June of this year, in the case, Trump v. Hawaii, No. 17-965 in the Supreme Court of the United States.
“8USC 1182(f) and 1185(a) By its terms, §1182(f) exudes deference to the President in every clause. It entrusts to the President the decisions whether and when to suspend entry, whose entry to suspend, for how long, and on what conditions. It thus vests the President with “ample power” to impose entry restrictions in addition to those elsewhere enumerated in the INA.”
The above language from the Supreme Court ruling essentially says that lower court judges can no longer interfere with the President's lawful execution of his duties, as regards immigration.
No need for judges. The Supreme Court ruled back in June, that ultimate authority over ALL immigration matters rests solely with the President.
He can write an executive order today that temporarily suspends the granting of asylum for any and all who illegally cross our borders.
An article from yesterday reported that the President and his advisers are currently considering issuing such an order.
They're got to do something, change the laws, perhaps. In the meantime . . .
The President has it within his power to legally suspend the automatic granting of asylum to anyone who illegally crosses our borders.
His absolute authority to do so is already encoded into law, and was recently reaffirmed by the Supreme Court in the case of Trump vs Hawaii.
He can stop the horde in its tracks with one executive order.
The strategy is to ask for asylum at the crossing points. Heretofore it has been put into play for surreptitious crossers who get caught and say the magic words. Trump has deported some of those. If the caravaners, who have been trained as to what to say and how to say it will probably follow the procedure.
Maybe you didn’t read the language in the Supreme Court decision I just posted to you.
Trump already took this battle with the lower court judges to the high court, and the court decided in his favor.
A lower court judge can try to interfere with Trump’s lawful execution of his duties, as regards immigration, but he’ll be summarily ignored.
That won't work, because a 'rat judge will stay that order long enough for the invaders to invade.
I think President Trump should close the borders down to one lane per location and slow walk the hoards. The lines would back up for 20 miles.
The ensuing cluster would give the Mexican government an incentive to help with the problem.
There won't be a procedure to follow if the President issues an executive order that suspends the automatic granting of asylum to border jumpers.
He has the authority to do so, and it's been reported that he and his advisers are currently considering it.
That won't work, because a 'rat judge will stay that order long enough for the invaders to invade.
Jeff, you're obviously not getting this.
The Supreme Court ruled in Trump vs Hawaii, that the President's authority over ALL matters of immigration is absolute, and that lower court judges CAN NOT interfere with his lawful execution of his duties in that area.
Repeat. It is quite possible that the mass of them will not be “border jumpers” but will follow the prescribed procedure at the entry point(S) and will be allowed in to await processing which is so overloaded that the time limit will be reached for far the most and they must be released. Yes, I believe that DJT will do something and it will be effective but the law is what it is and at this point Trump will not defy the law. If the Democrats were to win the House and Senate things might be different on that score. Asylum does not apply to those who actually sneak in. These people have evinced a determination to do it “legally.”
Got it.
Yes, there actually is a prescribed method of acceptable entry to be legally granted asylum. Why the Border Patrol accepts illegal migrants on the frontier, then processes them into our system, is beyond me. I suppose it's what the lawyers and the higher-ups have told them to do.
Carefully reading the language of the Trump vs Hawaii decision, it appears to me that the President has absolute and total discretion over ALL matters of immigration, and that he can restrict the entry of any class of aliens, if he deems their entry to be contrary to the national interest.
That's what the statutes say, and it has been reaffirmed by the high court.
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