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Appeals Court Grants More Legal Protections for Migrants Seeking Asylum
New York Times ^ | March 7, 2019 | Miriam Jordan

Posted on 03/07/2019 6:14:11 PM PST by reaganaut1

LOS ANGELES — Creating yet another roadblock to the Trump administration’s efforts to deport ineligible migrants, a federal appeals court ruled on Thursday that immigration authorities can no longer swiftly deport asylum seekers who fail an initial screening, opening the door for thousands of migrants a year to get another shot in the federal courts to win asylum in the United States.

The ruling broadens constitutional protections for undocumented immigrants at the border and opens a new legal gateway for some of them to appeal for permission to stay in the country, even when an asylum officer and an immigration judge have made a determination that they do not have a credible fear of persecution in their homeland.

“The historical and practical importance of this ruling cannot be overstated,” said Lee Gelernt, deputy director of the American Civil Liberties Union’s Immigrants’ Rights Project, who argued the appeal on behalf of a Sri Lankan migrant who had been turned away at California’s border with Mexico in 2017. He said the ruling “reaffirms the Constitution’s foundational principle that individuals deprived of their liberty must have access to a federal court.”

After dropping precipitously over five decades, the number of migrants intercepted at the southern border — the key indicator of how many undocumented people are entering the United States — is soaring again, driven by an influx of families from Central America fleeing violence and poverty. Immigration authorities received more than 99,000 requests for asylum interviews during the 2018 fiscal year, including more than 54,000 submitted at the southwest border.

(Excerpt) Read more at nytimes.com ...


TOPICS: Government; News/Current Events
KEYWORDS: aliens; asylum; immigration
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To: DoughtyOne
“reaffirms the Constitution’s foundational principle that individuals deprived of their liberty must have access to a federal court.”

The Founders did not write a Constitution for the world. This sh*t is pure insanity. Every day just lessens my resolve and hope that we can turn this around as it is speeding up. The only thing I can imagine that is between us and the left going for the kill is the Second Amendment. I cannot imagine the America that will be given to our children.

21 posted on 03/07/2019 7:26:44 PM PST by shanover (...To disarm the people is the best and most effectual way to enslave them.-S.Adams)
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To: reaganaut1

“opens a new legal gateway for some of them to appeal for permission to stay in the country”
Who would hear the appeal? A 9th circuit
judge? If that’s the case, then all an
asylum seeker has to do is immediately
file for an appeal, and then disappear.
They have effectively just given all
asylum seekers a free pass. The only
thing that will slow them down a bit,
is it is ruled they will still have to
wait in Mexico until their appeal is
heard. This is going to be an even bigger
mess.


22 posted on 03/07/2019 7:42:36 PM PST by Lean-Right (Eat More Moose)
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To: reaganaut1

Cloward-Piven via judicial misconduct.


23 posted on 03/07/2019 7:53:01 PM PST by E. Pluribus Unum (Capitalism produces EVERYTHING Socialists/Communists/Democratic-Socialists wish to "redistribute.")
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To: All

I’m getting sick of these Black-Robed Judiciarchs.

The time is coming (perhaps past) for them to be ‘Ceausescued’.


24 posted on 03/07/2019 8:19:05 PM PST by LegendHasIt
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To: Lean-Right
The only thing that will slow them down a bit, is it is ruled they will still have to wait in Mexico until their appeal is heard. This is going to be an even bigger mess.

No possible way to make them wait in Mexico. Few are doing that, most are just crossing illegally and asking Border Patrol for asylum when they are apprehended. As per the Supreme Court ruling that even people entering illegally have to allowed to apply for asylum. Other laws say they can only be held in detention a short time then they have to be released into this country. With the court rulings we are forced to allow them in, and forced to allow them to apply for asylum even when here illegally. This court is saying asylum seekers can appeal their decision if denied . So even those that don't make it through the original screening process cannot be deported, because they will appeal!!! Nothing is going to slow them down because if it did a judge would rule against doing it.

25 posted on 03/07/2019 8:39:06 PM PST by Tammy8
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To: reaganaut1

Senator Rand Paul was unavailable for comment!


26 posted on 03/07/2019 9:00:55 PM PST by Artcore (Trump 2020!)
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To: reaganaut1
"The ruling broadens constitutional protections for undocumented immigrants at the border and opens a new legal gateway for some of them to appeal for permission to stay in the country..."

Making new laws from the bench, out of thin air.

Who needs the legislative and executive branches of government, when you have a judiciary that rules by absolute fiat?

27 posted on 03/07/2019 9:20:32 PM PST by Windflier (Pitchforks and torches ripen on the vine. Left too long, they become black rifles.)
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To: reaganaut1

Judge A. Wallace Tashima appointed by Bill Clinton.


28 posted on 03/07/2019 11:29:19 PM PST by 43north (Its hard to stop a man when he knows he's right and he keeps coming.)
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To: E. Pluribus Unum

My exact thought.


29 posted on 03/07/2019 11:50:27 PM PST by pluvmantelo (The 'T' stands for Travesty.)
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To: shanover

I agree.

If we don’t get this chaos under control, more than the US is doomed.


30 posted on 03/07/2019 11:58:00 PM PST by DoughtyOne
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To: reaganaut1

Article 8


31 posted on 03/08/2019 12:35:37 AM PST by montag813 ("This is Montag, Block 813...")
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To: DoughtyOne

Absurd.


32 posted on 03/08/2019 3:38:13 AM PST by jimfree (My18 y/o granddaughter continues to have more quality exec experience than an 8 year Obama.)
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To: Governor Dinwiddie

Yes, can’t argue with your prediction. It’s truly that bad.


33 posted on 03/08/2019 1:47:24 PM PST by DoughtyOne
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To: jimfree

Agreed...


34 posted on 03/08/2019 1:49:28 PM PST by DoughtyOne
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