Posted on 11/26/2018 7:53:03 PM PST by E. Pluribus Unum
No court can ever force the president to allow any alien to enter the country. No such lawsuit could ever have legitimate standing, and no such decision could have any constitutional moorings. If we dont understand that, we are no longer a sovereign Republic.
Monday night, Jon Tigar, an Obama-appointed judge of the United States District Court for the Northern District of California, a forum chosen by the ACLU, penned what is essentially an op-ed expressing his desire that Trumps order on asylum be temporarily enjoined. His desire is just as binding as my desire to place an injunction on all liberals from running for office. He has no jurisdiction over immigration, has no jurisdiction over national security, has no jurisdiction over the border, violated endless settled law, violated Article II powers, violated Article I delegated authority, and broke every sane ruling on Article III standing that differentiates a court from a legislature.
This is not a legitimate court ruling or even court case
President Trump issued a commonsense and quite modest order to direct all asylum claims to the points of entry rather than empowering the cartels to smuggle them in between the points of entry. Given that none of these people are legitimate asylees, he should have suspended all asylum claims at the border and required them to instead make claims in U.S. consulates in Mexico, the first safe third-party country, as designated by the U.N. Nonetheless, even this order was out of bounds, according to Tigar, who believes that asylum statute requires the president to afford everyone in the world, evidently even a belligerent mass migration, a chance to file an application.
(Excerpt) Read more at conservativereview.com ...
I read that the immigration laws enacted by Congress specifically grant the President the authority to suspend all or part of immigration into the U.S. if events such as this caravan necessitate it.
So the judge is actually telling Congress the courts have the last word on immigration laws.
um read the law congress passed
INA 12/24/1952 mccarren walther
Section 212(f), states: 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.
8 U.S.C. §1182(f) of United States Code
Yup. That’s the one.
Game, set, match.
There are already laws barring their entry, so DJT isn’t adding anything.
The question is can the migrants request asylum once they’ve entered illegally.
The US Code says they can.
Trump can control access but that’s not what this is about.
Yes. He must be impeached.
(1) In general Any alien who is physically present in the United States or who arrives in the United States (whether or not at a designated port of arrival and including an alien who is brought to the United States after having been interdicted in international or United States waters), irrespective of such aliens status, may apply for asylum in accordance with this section or, where applicable, section 1225(b) of this title.
What you would learn by reading on:
(2) Exceptions (A) Safe third country Paragraph (1) shall not apply to an alien if the Attorney General determines that the alien may be removed, pursuant to a bilateral or multilateral agreement, to a country (other than the country of the aliens nationality or, in the case of an alien having no nationality, the country of the aliens last habitual residence) in which the aliens life or freedom would not be threatened on account of race, religion, nationality, membership in a particular social group, or political opinion, and where the alien would have access to a full and fair procedure for determining a claim to asylum or equivalent temporary protection, unless the Attorney General finds that it is in the public interest for the alien to receive asylum in the United States.
That would be Mexico, and specifically Tijuana in the state of Baja California, Norte, but wait, there's more
(3) Limitation on judicial review No court shall have jurisdiction to review any determination of the Attorney General under paragraph (2).
... and still more:
(B) Additional regulatory conditions The Attorney General may provide by regulation for any other conditions or limitations on the consideration of an application for asylum not inconsistent with this chapter.
Except that section of the code talks about access.
Trump can control that.
What he explicitly can't control is the application for asylum of someone who violated the law (or Trump's proclamation) and is already here.
The Judge.
Unfortunately, there isn’t a bilateral agreement with Mexico on this issue as required by the paragraph you posted.
We do have such a Safe Third Party agreement with Canada, and negotiating one with Mexico may be a way out of this, but for now that section of the Code is a dead letter.
I ask again: How can a district judge have authority beyond that district?
Obama judges, like Obama, thinks they rule by decree.
Better than 1 non-elected judge in N Cal. The USSC was not designed to give one unelected judge more power than the president and US constitution, period.
As long as Americans behave with the customary peaceful civility that served us in more gentler times, these criminals in robes will CONTINUE to usurp every single authority Constitutionally held by elected Republican office holders
So far they do, with impugnity
For now.
Lol!
Sure we do. The passage requires only an agreement, not a treaty. Mexico has previously agreed to give the migrants asylum, and Mexico has agreed to cooperate with the U.S. in not allowing the migrants in the caravan to enter the U.S.
If you were born here, then by all that’s
mighty, why would you identify as Cuban and not as an AMERICAN?
I’m Irish, but I bleed red, white, and
blue. Don’t argue with posters here,
you’re gonna lose, troll.
Trump should do what china does for z class visas. All applicants must apply in their home country and wait at their home address for the determination.
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