Barr rules that asylum seekers must be detained during deportation proceedings

The Hill ^ | April 16, 2019 | Jacgueline Thomsen

[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.

Barr’s 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.

“I’m sorry, we’re 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.

[Syncro]

***Barr is doing a very good job, but unless I misread the article “families” are still exempt from the rule.

So does this mean if we continue to get the fake “migrant families” then catch-and-release is still in effect?***

Excellent point

My thoughts exactly

[jazusamo]

You make a good point.

[House Atreides]

Damn...I think I’m falling in love with AG Barr. What will I tell my wife? Can there be two “Bro loves” (Trump and Barr) in my life? /sarc

But seriously, we went from the pits of Hell with Sessions to the heights of Heaven with Barr. I’m lovin’ life!

[marron]

I agree with you. Mexico is their safe haven.

That, and they are (purposely) misusing the concept of “asylum”. Under no circumstance would a simple farmer or laundress qualify for asylum. Someone in political life, on the run from the secret police would qualify, if we like him. That, for me, would require a decision from the State Department.

A caravan of ten thousand farmers should simply be turned back without hesitation.

[Balding_Eagle]

Sessions is much easier to understand if you think of him as part of ‘the insurance package’.

[ROCKLOBSTER]

I conclude that such aliens remain ineligible for bond

Heh heh...he said "aliens".

[Qiviut]

I thought I saw recently where we do not have an agreement with Mexico (we do with Canada) that requires asylum seekers arriving in one of the two countries to make their claims in their first country of arrival.

Here’s an article from Aug. 2018 on the subject - I don’t think the situation has changed with Mexico, although it’s been talked about & encouraged by the Trump administration.

A ‘Safe Third Country’ Agreement With Mexico Won’t Fix U.S. Migratory Challenges
https://www.lawfareblog.com/safe-third-country-agreement-mexico-wont-fix-us-migratory-challenges

[erkelly]

I suspect Sessions may be a little senile — at least that is how he appeared to me. I also think Crazy Mad Maxine is veru senile, but I think Nancy is more a drunk than senile, although she may be both.

[redshawk]

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

---

Yeah I tell this to everybody i meet.
I wish Barr would do something about this.

[redshawk]

I always thought Session’s was bad news. Even a spy to Trump.

[ding_dong_daddy_from_dumas]

From the Hill article:

Some asylum-seekers are exempted from this rule, including families and unaccompanied migrant children.

I can't find a link to the 2018 ruling but I assume you are correct. Thanks John Roberts. Now the tsunami of those with a family or child, even if they have Ebola, continues.

[Lurkinanloomin]

This is huge, no more catch and release.

[ding_dong_daddy_from_dumas]

See #31

[Lurkinanloomin]

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.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Agree 100%

[gcparent]

Omg. I love this guy.

[Lurkinanloomin]

Re: tagline

You understate it, the Clinton Coup attempt was only the last act of the Kenyanesian Usurpation.

[thoughtomator]

I see this scandal as starting with the negotiation between Obama and Clinton that ended up with her taking PERSONAL possession of the Office of Secretary of State.

Part of this scandal is the email server sub-scandal.

The paid-for wars in Libya and Syria, and fiasco at Benghazi are sub-scandals.

The creation of ISIS by Clinton and McCain is a sub-scandal.

The Russia collusion hoax is a sub-scandal, intended to keep the previous crimes covered up. Sub-sub scandals include corruption of the FBI and DoJ and other national security organs to this end.

I strongly suspect the child sex trafficking and Weiner laptop is another related sub-scandal, but can’t prove it.

Everything comes down to this: WHAT THE F-ING HELL WAS CLINTON DOING WITH AS SECRETARY OF STATE.

I know that I know only a tiny portion of it (Libya, Syria, ... ?), which is horrible beyond belief.

What lies behind the rest of this veil must contain horrors beyond imaging.

Yet we must know. We cannot let something this terrible slide, and it can’t be papered over and forgotten.

[thoughtomator]

oh everything that went down in Ukraine since Victoria Nuland did her job there is another sub-scandal too... and there are many more

[Trump Girl Kit Cat]

He WILL NOT disappoint BECAUSE he came out of retirement to take this damn job AND he doesn’t NEED the stinking job doesn’t give a shit about losing the job came back because he SAW the corruption and loves the LAW and cares about EVERYONE abiding by that law INCLUDING the deep state!!!! I know everyone had their doubts HOWEVER Joe DeGenova and his wife Victoria were swearing by this man and I TOTALLY trusted their judgement!!!

[Whenifhow]

PING