Posted on 11/26/2018 7:53:03 PM PST by E. Pluribus Unum
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 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.
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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