Posted on 08/24/2021 6:04:02 AM PDT by EBH
Texas v. Biden, a case with profound implications for American foreign policy, reached the Supreme Court with lightning speed.
On August 13, a judge in Texas appointed by then-President Donald Trump effectively ordered the Biden administration to permanently reinstate Trump’s “Remain in Mexico” policy. That policy, which is officially known as the Migrant Protection Protocols (MPP), requires many immigrants who seek asylum in the United States to stay in Mexico while they await a hearing.
Judge Matthew Kacsmaryk’s opinion in Texas was wrong for many reasons, including that he completely misread federal immigration law. Kacsmaryk wrote that a 1996 federal law only gives “the government two options vis-à-vis aliens seeking asylum: (1) mandatory detention; or (2) return to a contiguous territory.” Federal immigration law actually gives immigration officials several options, including granting “parole into the United States” to individual immigrants or releasing the immigrant on “bond of at least $1,500.”
Immigration policy is foreign policy The Supreme Court hasn’t just spent generations warning judges not to get involved with foreign relations; it’s explicitly stated that US immigration policy is an integral part of our foreign policy. Although the Supreme Court was often criticized during the Trump administration, including by some of the Court’s own members, for showing excessive deference to Trump’s immigration policies, the principle that courts should be reluctant to interfere with foreign relations generally — and with immigration policy in particular — long predates Trump.
(Excerpt) Read more at vox.com ...
What if the Laws are not enforced?
Texas lacks standing and the case is moot.
Sincerely yours,
John Roberts, Brett “the sexual harassing” Kavanaugh and their sock puppet “Amy Comedy Barrett.”
I’ve asked this before...
What does illegal entry into the US have to do with immigration policy?
n0bama showed Americans how to deal with laws that he did not like . . .
It seems that way, but as the polyanna optimist I am, I’m going to wait for them to actually agree. John Roberts, is lost, however I’m still holding onto the fact President Trump tried hard to place originalists onto the court, maybe just maybe they’ll do the right thing.
Just this one thing - if Millhiser were so smart and accurate, he would not be writing for Vox. He’d be in Washington as an appellate lawyer earning the big bucks. He might be right, but I have my doubts. He martials facts and law to support his position without examining the full picture. The tell was when he referred to the judge as an “unusually right-wing” judge without basis disclosed. His argument tends to believe the law should never change. He is wrong on that count.
Enough for now.
Gwjack
Yeah, yeah. As they say in the Bronx, "Yuh funny!"
Get back to me when you've worked your precious "sanctuary cities" into your magisterial twaddle about Federal prerogatives.
Flyweight.
Further, the “Remain in Mexico” policy had the effect of a treaty obligation which the Xiden administration ought not to be able to unilaterally repeal without congressional consent.
This could also affect the efforts in Afghanistan or any others looking for immigration based on claim of sanctuary.
While I do think courts shouldn’t be heavily involved, should the President be able to act unilaterally in such regards without the rule of law?
There is a double edged sword here.
The Congress shall have Power To . . . establish an uniform Rule of Naturalization . . . .[and] To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers
Once again with the left, the Constitution does not matter.
Correct.
That will be the ruling.
Vox.com is the worst kind of leftist, low-information drivel and should be read as such. The Supreme Court will either decide to enforce our borders or laws or it will continue its path to irrelevance along with the entire federal government.
Nothing...To be an IMMIGRANT a foreign national AKA an alien, must IMMIGRATE...
Those who enter illegally are not IMMIGRANTS...
They are ILLEGAL ALIENS...
“Vox.com is the worst kind of leftist, low-information drivel...”
Down there with Yahoo! IMO.
Unreadable, most of the time.
The USSC will vote to overturn.
Most of the author’s logic is sound even though all of the characterizations make me want to puke.
Ian Millhouser, Vox, Partisan Media Shill alert.
Hi Vigilanteman,
As I expected, the make believe lawyer that writes and does not practice was all wrong. SCOTUS tonight affirmed the trial court.
Hi Vigilanteman,
As I expected, the make believe lawyer that writes and does not practice was all wrong. SCOTUS tonight affirmed the trial court.
It just did!.....woo hoo!
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