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No judge has jurisdiction to erase our border
Conservative Review ^ | November 26, 2018 | Daniel Horowitz

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 don’t 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 Trump’s 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 ...


TOPICS: News/Current Events
KEYWORDS: aclu; caravan; dnctalkingpoint; dnctalkingpoints; internationallaw; jontigar; sovereignty
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To: The Cuban

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.


41 posted on 11/26/2018 8:38:36 PM PST by Jeff Chandler (Every time a lefty cries "racism", a Trump voter gets his wings.)
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To: The Cuban

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.”


42 posted on 11/26/2018 8:43:50 PM PST by rolling_stone (Hang em slowly don't boil the rope make it a little short...)
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To: DMZFrank; The Cuban

8 U.S.C. §1182(f) of United States Code

Yup. That’s the one.

Game, set, match.


43 posted on 11/26/2018 8:44:01 PM PST by Jeff Chandler (Every time a lefty cries "racism", a Trump voter gets his wings.)
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To: DMZFrank

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.


44 posted on 11/26/2018 8:45:20 PM PST by semimojo
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To: GOPJ

Yes. He must be impeached.


45 posted on 11/26/2018 8:48:46 PM PST by Lopeover (POTUS needs Republicans, the Midterm Election is about allegiance to the America First agenda!)
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To: The Cuban
Apparently the law school you attended did not teach the "read on rule". So, for your benefit, what you quoted was:

(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 alien’s 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 alien’s nationality or, in the case of an alien having no nationality, the country of the alien’s last habitual residence) in which the alien’s 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.

46 posted on 11/26/2018 8:50:29 PM PST by PUGACHEV
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To: Jeff Chandler
Game, set, match.

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.

47 posted on 11/26/2018 8:53:11 PM PST by semimojo
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To: Lopeover

The Judge.


48 posted on 11/26/2018 8:58:15 PM PST by Lopeover (POTUS needs Republicans, the Midterm Election is about allegiance to the America First agenda!)
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To: PUGACHEV; The Cuban

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.


49 posted on 11/26/2018 8:58:33 PM PST by semimojo
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To: E. Pluribus Unum

I ask again: How can a district judge have authority beyond that district?


50 posted on 11/26/2018 9:06:14 PM PST by YogicCowboy ("I am not entirely on anyone's side, because no one is entirely on mine." - J. R. R. Tolkien)
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To: AdmSmith; AnonymousConservative; Arthur Wildfire! March; Berosus; Bockscar; cardinal4; ColdOne; ...
Obama judges, like Obama, thinks they rule by decree.

51 posted on 11/26/2018 9:25:33 PM PST by SunkenCiv (and btw -- https://www.gofundme.com/for-rotator-cuff-repair-surgery)
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To: The Cuban

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.


52 posted on 11/26/2018 9:47:49 PM PST by rb22982
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To: E. Pluribus Unum

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


53 posted on 11/26/2018 9:54:36 PM PST by ZULU (Jeff Sessions should be tried for sedition.)
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To: SunkenCiv

So far they do, with impugnity


54 posted on 11/26/2018 9:55:50 PM PST by ZULU (Jeff Sessions should be tried for sedition.)
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To: ZULU
For now.

55 posted on 11/26/2018 10:12:49 PM PST by SunkenCiv (and btw -- https://www.gofundme.com/for-rotator-cuff-repair-surgery)
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To: SunkenCiv

Lol!


56 posted on 11/26/2018 10:15:29 PM PST by ZULU (Jeff Sessions should be tried for sedition.)
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To: ZULU

http://www.freerepublic.com/focus/news/3708705/posts?page=12#12


57 posted on 11/26/2018 10:22:04 PM PST by SunkenCiv (and btw -- https://www.gofundme.com/for-rotator-cuff-repair-surgery)
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To: semimojo
"Unfortunately, there isn’t a bilateral agreement with Mexico on this issue as required by the paragraph you posted"

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.

58 posted on 11/26/2018 10:35:07 PM PST by PUGACHEV
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To: The Cuban

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.


59 posted on 11/26/2018 11:32:21 PM PST by Lean-Right (Eat More Moose)
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To: Castigar

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.


60 posted on 11/27/2018 12:07:12 AM PST by vannrox (The Preamble to the Bill of Rights - without it, our Bill of Rights is meaningless!)
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