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 ...
To call him (Sessions) an AG is inappropriate. This one was NEVER an AG, only a paid government employee.
a minor distinction. Immigration judges are administrative
law judges and part of the administrative branch, not part of the seperate judicial branch.
I’ve read 95%
I was skeptical of Barr initially as well - being Bush’s AG, I assumed that he shared his former boss’s liberal immigration agenda and would try to subvert Trump’s efforts to secure the border. So far, he has far exceeded my (admittedly very low) expectations.
Very surprising and very refreshing
How about the other 95%? Answer, still the same shell game
You're right - this doesn't come close to solving the wider problem. But it's a step in the right direction, which is more than I expected from a recycled Bush administration appointee.
Almost everyone captured makes an asylum claim or has a minor in tow. A united GOP had Congress and the Presidency for two years to change the laws that allow such.
The fact that this country even has an American Immigration Lawyers Association is most telling of all.
They also had an opportunity to change the laws that made chain migration possible. Nothing was done on that front either.
The bottom line is that many if not most Republicans have no more interest in stemming the tide of mass migration than their Democrat colleagues.
And if AG ignores a Liberal judge’s ruling?
“Marshall (i.e., Liberal judge) has made his ruling. Now let him enforce it.”
Even worse, if you enter as a “family”, it also does NOT apply. So, the majority of illegal immigrants won’t be affected. It doesn’t go into effect for 90 days, and various immigrant groups are going to challenge it.
They will not be held. Coming in as a “family” does not apply to the new rule.
I’m cautiously-optimistic about Mr. Barr.
But I’ve been to this dance quite a few times before and am not getting my hopes up too high...
I had no great hopes for Barr, but he’s been gold so far.
Because the Rats and RINOs BOTH want to flood us with illegal aliens. They both want open borders.
They all hate President Trump, who is in the slim minority actually looking out for our best interest.
No mention of when they bring minors with them and claim asylum, what they (will) do with them, let them ALL go.
“My suggestion is to do a DNA test on any Adult-minor pair claiming family status”
Exactly what I’ve been thinking for months. I can’t believe this hasn’t been done automatically for years. I know DNA tests are expensive, but it would be worth it.
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