Skip to comments.Barr rules that asylum seekers must be detained during deportation proceedings
Posted on 04/16/2019 4:52:58 PM PDT by jazusamo
Attorney General William Barr said in a new ruling issued Tuesday that asylum seekers who are able to demonstrate a "credible fear" and are then sent to full deportation proceedings are not eligible to be released on bond.
The ruling, which will go into effect in 90 days, states that a previous decision allowing for asylum seekers to be released on bond while their case is being heard by an immigration judge was incorrect. Only the Department of Homeland Security has the authority to release the asylum seekers, he wrote.
I conclude that such aliens remain ineligible for bond, whether they are arriving at the border or are apprehended in the United States, Barr wrote.
Barr is overturning a 2005 ruling that determined that asylum seekers are eligible for bond if they are able to exhibit they have credible fear of persecution or danger if they leave the U.S.
But the attorney general argues that, under the Immigration and Nationality Act, the administration is permitted to detain all undocumented immigrants who were initially placed in expedited removal proceedings, but then passed the credible fear test and were transferred to a full hearing before an immigration judge.
He also pointed to a 2018 Supreme Court ruling that found that the law did not place limits on how long an immigrant can be detained.
Some asylum seekers are exempted from this rule, like families and unaccompanied migrant children.
Barrs directive comes shortly after a federal judge in Washington state ruled that certain asylum seekers who request a hearing before an immigration judge must be granted that hearing within seven days, or be released.
And the rule comes amid a legal battle on the Trump administration's policy requiring that asylum seekers remain in Mexico while their cases are under consideration.
A federal judge last week issued an injunction against the policy, but the Ninth Circuit Court of Appeals issued a stay for that order as it considers the administration's appeal.
President Trump has also recently spoken out against policies for asylum seekers.
Im sorry, were full," he said of his response to both asylum seekers and undocumented immigrants seeking to stay in the U.S., during a trip to the southern border earlier this month.
He certainly is. Especially after Sessions who became a big disappointment with me.
missing word in first sentence
Attorney General William Barr said in a new ruling issued Tuesday that asylum seekers who are (NOT) able to demonstrate a “credible fear”
Heads. Exploding. Now.
And the stupidest thing about this is, all it is, is COMMON SENSE!
So does this mean if we continue to get the fake "migrant families" then catch-and-release is still in effect?
Glad that sob is back in his hollow tree again!
Finally a good sign.
Especially after Sessions who became a big disappointment with me.
Sessions was a walking cluster**** from day one.
Like all public officials, I know he will disappoint at some time, but so far I’m really liking Barr.
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Have to give credit where due. Barr is massively exceeding expectations.
We may have a real AG for the first time in a generation or more.
Good post, and GREAT tagline.
He has not addressed the most important issue.
That being that asylum seekers who wish to have asylum in the USA are not eligible for asylum in our county
The rules state that anyone fleeing because of fear and danger in their home country MUST seek and accept asylum in the FIRST save country they enter
Mexico is safe for them, and has offered asylum
Barr should have said that all asylum seekers need to be sent back to Mexico and accept their asylum or go back to their home countries.
“We may have a real AG for the first time in a generation or more.”
You mean he’s not gonna be on Saturday Night Live?!
Wow, never saw this before, from 2015...
I still try and understand Sessions. He must have been unable to function in the Attorney General capacity. He was the consummate follower rather than a leader...taking the Bull by the Hornes, so to speak. Huge let down for us all on FR.
I have said for years, if they’d just do what is right, not controlled by special interests nor politics.. and we have that man, Pres Trump. Barr could be another.. and the bought left are having a fit.
Barr will be attacked for correctness, but we sorely meed such a man for AG.
And we decide what is credible fear.
> and GREAT tagline.
I have to confess shock that not one single person has objected to it since I adopted it a few weeks ago.
Really happy to see that everyone really does understand the gravity of the situation.
ALL children of these 'families' should have their right thumb dipped in purple indelible ink so that they cannot be recycled for other 'families'.
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