Posted on 03/01/2020 9:26:55 AM PST by jazusamo
In a torturous, twisted interpretation of federal immigration law, a three-judge panel of the 9th U.S. Circuit Court of Appeals upheld a preliminary court order Friday to block the Trump administration from continuing to implement its Migrant Protection Protocols, known informally as the Remain-in-Mexico policy.
But shortly after issuing the ruling, the three-judge panel voted 2-1 to put a hold on it, preventing it from going into force until the federal government can file written arguments by the end of Monday in favor of the Remain-in-Mexico policy and plaintiffs can respond by the end of Tuesday arguing in favor of stopping the policy from being carried out.
Implemented last year by the Trump administration, the policy has proven effective in stemming the flood of illegal crossings at our southern border.
One of the biggest drivers of the crisis at the southern border was the “catch and release” policy of President Barack Obama’s administration.
Because the number of illegal immigrants apprehended at the border far exceeded the capacity of federal detention facilities, most of those arrested were simply processed, scheduled for an immigration hearing and then released. The majority then disappeared into the vast interior of our country and never showed up for their immigration hearings.
Naturally, this only encouraged more illegal immigration.
Fighting back, the Trump administration issued a new rule last year that took advantage of the authority granted under 8 U.S.C. Sec. 1225(b)(2). That provision specifies that in the case of immigrants who arrive “on land (whether or not at a designated port of arrival) from a foreign territory contiguous to the United States,” they can be returned “to that territory” while their claims for asylum are pending.
The Migration Protection Protocols (MPP) required that asylum seekers who crossed the southern border had to return to Mexico...
(Excerpt) Read more at foxnews.com ...
How about close the southern border to everyone? Make returning US citizens go through 30 day quarantine.
“How can applying the clear text of a federal law be arbitrary and capricious?”
Because...Democrats! *SPIT*
He sure knows the law and is a strong supporter of constitutionalism, he’s a good man.
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Booooogaloooo
Excellent article, jazusamo.
Corona virus is only the latest health concern that should have us shut our borders completely. Entrants should then be tested and retested for any number of serious health concerns
One thing often ignored is that many of these “immigrants” are not only not Mexican but not even Latin American to begin with. Chinese and Middle Easterners are frequently smuggled through our southern border (and northern border too, but fewer in number). Mexico has got to protect its own borders better. I wonder how cases of corona virus could suddenly pop up in Mexico ... could it be Chinese being trafficked through Mexico? Hmmm?
I couldn't agree more.
In the last few years illegal aliens have brought back diseases that had been basically stopped here but the Democrats still keep fighting for open borders. It's pathetic.
As livius noted, it's not just illegal aliens from Mexico but illegals from around the world.
One of the things that’s going to make it hard to stop is that people smuggling (human trafficking) is a lucrative sideline for the drug cartel. They rake in a lot of money from it and of course need to distribute it liberally among government employees, police, politicians, etc. Mexico would he z pot easier to deal with if it weren’t so corrupt.
The current president, the leftist AMLO, ran on an anti corruption platform but he’s just as bad as all his predecessors.Trump tried to work with him and offer help in dealing with the drug gangs but AMLO refused.
Political activists masquerading as judges. These judges have read the clear text of the law and declared it to be arbitrary and capricious because it gets in the way of the political objectives of their political masters, the Democrat Party. By doing so, they are being arbitray and capricious and have made it clear that they will not let any law stand in the way of their open borders plan. Fortunately, Trump’s actions to reshape the Federal Judiciary is producing very sweet fruit. This panel’s decision shows that the job is not yet done, but the days of legislative fiat by the Judiciary is coming to an end.
Well said and you’re right on the mark.
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