Posted on 03/24/2016 1:09:34 PM PDT by Mensius
I don’t know of anything preventing illegals from being deported. There is no special right to remain in the United States simply due to the length of time that you have successfully broken the law. That is an invention of GW Bush and his amnesty loving twin Obama.
The problem has been a series of Presidents who have both refused to enforce our laws and who have actively subverted them.
Let me be as clear as possible. Illegals can and should be deported. Deportation rules in the United States are outlined in the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. It was signed into law by President Bill Clinton.
The process for deportation is lengthy and complex.
Typically, an illegally immigrant will receive notice from the Department of Homeland Security, requiring them to attend a meeting before a judge.
Their notice to appear will explain why they are being asked to visit the judge, how they have broken immigration law in the United States, that they are entitled to legal counsel but responsible for hiring and paying their attorney, and the ramifications if they do not show up.
A judge will rule on their immigration status after the hearing. If a judge finds that they are eligible to be deported, they may appeal the decision under "relief from removal." They will receive another hearing after that to rule on their appeal.
Those who are not lawful permanent residents could also get a reversal of the judge's deportation decision if they had lived for 10 years continuously in the United States; if they exhibited "good moral character" during that decade in the U.S.; if they had never been served with a previous notice to appear; or if they could show that their deportation would cause great harm to their children, parents or spouse. Also, they could be allowed to stay if their child, spouse or parent were a U.S. citizen.
So under the existing laws it is not an option to grab them out of their houses, stick them on a bus and send them back to Mexico.
I know that in SoCal some of our cities have had ICE officers working with the jails and the process for booting illegals has been much quicker than what you are describing.
But granting that what you describe may be accurate there is nothing to stop us from scrapping the 1996 law and replacing it with one that allows us to quickly deport illegals.
And most of all we need to challenge the bastardized reading of the 14th amendment that has created anchor babies.
And so we circle around to my original contention, that the election of Trump will not end the debate. The 1996 law will have to be overturned (by a possible Democrat Senate) and SCOTUS will have to rule on the 14th Amendment. I'm not saying I oppose making it easier to deport and not allowing anchor babies, I'm simply saying it is going to be a tough row to hoe.
“And so we circle around to my original contention, that the election of Trump will not end the debate. “
What it will be is the first battle in halting the Amnesty Republicans and their Democrat comrades.
But; there ARE some laws that fall into the Statute of Limitations.
And if they DON'T???
The 'judge' should use the perp's home country's Border Law to judge the person who came to this country ILLEGALLY.
You act like I wrote the law. I am simply pointing out the roadblocks to deportation presently on the books, not defending them. I'm also pointing out that with these people being the future Democrat constituency, it's going to be hard to change that law.
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