Posted on 04/17/2019 3:53:08 AM PDT by BadLands59
Immigration judges cannot release migrants who are caught sneaking into the United States, even if the migrants ask for asylum, says a binding legal decision by Attorney General William Barr.
The decision will dramatically shift the migration-caused civic and housing crises from the nation’s blue-collar communities over to the Congress and the Department of Homeland Security, whose budget and detention centers only have enough resources to house about 50,000 people year-round.
“The [text of the relevant] Act provides that, if an alien in expedited proceedings establishes a credible fear, he “shall be detained for further consideration of the application for asylum,” says Barr’s April 16 decision, titled. Matter of M-S-. Because of the law, “I order that, unless DHS paroles the respondent under section 212(d)(5)(A) of the Act, he must be detained until his removal proceedings conclude.”
“This is a HUGE ruling that will harm thousands seeking protection from persecution at the US border since far more will be held in detention even after passing the threshold screening under the credible fear standard,” complained Greg Chen, director of government relations at the American Immigration Lawyers Association.
The association’s lawyers make their money by guiding migrants and corporate hiring managers through the extremely dense network of migration laws and regulations. But Barr’s decision blocks the use of a common path for migrants who are trying to get through the courts and into the U.S. jobs they need to repay the smuggling fees they owe to the cartels.
Barr directed officials to delay implementation of the law for 90 days, giving DHS managers — and congressional leaders — three months to decide which migrants should be released into the nation’s cities and towns.
(Excerpt) Read more at breitbart.com ...
Except that judges pretty much do what they want regardless.
Who would have ever predicted that Jeff Sessions would turn out to be a horrible AG while a 2nd time Bush AG is really off to a great start.
Did I read that had the headline right? I’m shocked.
On the surface, this sounds like a good thing. But we know that Barr is Trump's "hand-picked" stooge/lackey, so look for some Federal judge to assert himself into the process and 'overrule' it.
What? Barr is the AG? The big kahuna? Big deal! There doesn't seem to be anything more powerful in this country than a liberal Federal judge with self-appointed authority...
One can only hope.
Why wasn’t this done YEARS ago?
If they now know they may be detained...and for a long time, it may stop the flow.
They planned on NOT being detained.
I'm sure there was lots of discussion before Barr made his decision.
Trying to turn a positive thread into a negative?
No mention of when they bring minors with them and claim asylum, what they (will) do with them, let them ALL go.
Man, you nailed it.
My thoughts exactly. Magoo, and most Senators, are excellent examples of the Peter Principle.
I just don’t know how the executive branch can tie up a co-equal branch, the judiciary. AG Barr can decide whatever he wants, but he can’t tell the judges to butt out. Even if he is on legally solid ground here, judges do whatever they want regardless. They aren’t restrained by law or precedent—they overturn precedent whenever it suits them. They only play lip service to law when it suits their particular legal ax to grind.
Immigration judges are appointed by the AG and are part of the Executive Branch, not the Judiciary.
Judiciary Branch lawlessness is not much affected by this.
Good point about immigration judges. I did not know that. Regardless, a judge in Hawaii will simply change the meaning of the law that drove this AG decision. Maybe AG Barr can control the immigration judges (I say maybe). LOL. But he can’t restrain the judiciary branch from sticking their nose in.
Is it a great start? Or is he just doing the bare minimum? I’m not sure we can tell the difference any more. (Seriously)
:: if an alien in expedited proceedings establishes a credible fear ::
DHS Agent: “Says here you are a citizen of Guatamala. Is that correct?”
Immigrant: “Si.”
Agent: “And, that you entered Mexico seeking asylum in order to travel to the United States to live?”
Immigrant: “Si.”
Agent: “What fears do you have if you return to MEXICO to await your proceedings? Remember, MEXICO afforded you free and safe travel.”
Immigrant: “I’m F&^%$d!”
Sessions is probably the worst AG ever!
Probably because these immigration judges are what they call "Article I" judges, or administrative judges created by Congress. I
The so-called co-equal judges are "Article III" judges, or trial judges created by Congress for appellate review under the Supreme Court.
The Article I judges perform executive review of administrative procedures and regulations under the direction of the Department of Justice.
-PJ
Thanks. It will be interesting to see how it pans out.
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