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    Senior Member JohnDoe2's Avatar
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    Catch-and-release of illegals restarted in Texas, border patrol agents say

    Catch-and-release of illegals restarted in Texas, border patrol agents say


    U.S. Border Patrol agents are reporting a new surge in illegal border crossings in Texas. (Associated Press/File) more >

    By Stephen Dinan - The Washington Times - Updated: 8:42 p.m. on Wednesday, November 15, 2017

    The Trump administration reinstated a de facto catch-and-release policy for illegal immigrants nabbed crossing the border in Texas, with Border Patrol agents being told Wednesday not to even bother turning them over for speedy deportation because there was no bed space, a top agent said.


    The problem, said Brandon Judd, an agent and president of the National Border Patrol Council, is that illegal immigration has surged once again after dipping during the early months of President Trump’s tenure.


    That has left the deportation agency, U.S. Immigration and Customs Enforcement, struggling to find beds to hold the illegal immigrants. As a result, Border Patrol agents who bring apprehended people to ICE are turned away.


    SEE ALSO: Trump picks immigration crackdown advocate to be permanent chief of ICE


    “We’re going to have to release them out our front door,” Mr. Judd said. “Even if we try to turn them over to them, they’re just not going to take them.”
    He said ICE’s San Antonio office, which handles most of the traffic from the Texas border, said it would have to refuse to take any family units the Border Patrol tries to turn over and will soon reject even non-family migrants.
    Later Wednesday, Mr. Judd said, ICE’s El Paso office told agents it also was at capacity and was refusing family units.

    “The moment we start releasing them out our front door, you’re going to see a huge increase take place in the numbers coming across,” he said.

    The NBPC endorsed Mr. Trump in last year’s election, and more than a year later the president still touts that endorsement in campaign-style speeches.


    Mr. Judd
    said the rhetoric from the president is good and had an immediate effect earlier this year in persuading migrants not to bother making the journey north.

    The Border Patrol set a modern-day record low of slightly more than 11,100 illegal immigrants nabbed in April.


    But as catch-and-release continued, word seeped back to home countries and the effects of Mr. Trump’s rhetoric waned. More than 26,000 illegal immigrants were arrested at the border last month, Mr. Judd said.


    “The word got back to all of these countries that hey, the catch-and-release hasn’t ended,” he said. “The people that are supposed to be enforcing President Trump’s policy, they’re just not. They’re not following through on the promises he made.”

    ICE didn’t deny the problem. Instead, the agency said it has to prioritize cases and is struggling with how to comply with court rulings on treatment of illegal immigrant families traveling together.

    An official at U.S. Customs and Border Protection, which oversees the Border Patrol, insisted the agency won’t end up issuing notices to appear — essentially just notifications of future immigration hearings. The official said CBP will pursue expedited removal or speedy deportation.


    “We are in the business of catch and remove, not release,” the official said.

    Tyler Houlton, acting press secretary at the Department of Homeland Security, suggested the problem was a lack of support from the courts for Mr. Trump’s mission.

    “We enforce the law but are severely constrained by litigation, court rulings and debilitating legal loopholes that limit our ability to carry out our mission,” he said.

    “These limitations are exactly why the president has proposed his immigration enforcement priorities and why we are working with Congress to address these problems.”


    But Mr. Judd said the department’s policies are getting in the way of the president’s agenda.


    “The people that are supposed to be enforcing President Trump’s policy, they’re just not. They’re not following through on the promises he made,” Mr. Judd said.


    His comments tracked with those of Chris Crane, the president of the National ICE Council, which represents deportation officers. In a letter to Mr. Trump this week, first reported by The Washington Times, Mr. Crane said the president’s top lieutenants were preventing him from hearing what is really going on.

    “While officers view the President’s position on enforcement as courageous, the Trump administration has left all of the Obama managers and leadership in place, a group that ICE Officers know after the last eight years to be completely incompetent, corrupt and anti-enforcement,” Mr. Crane wrote.

    He asked for better lines of communication directly with the president.


    The White House declined to comment Wednesday.


    Mr. Trump
    on Tuesday nominated Tom Homan, who had been serving as acting director of ICE, to hold the position permanently. Kevin McAleenan, who has been acting commissioner of CBP, was nominated months ago and is awaiting action by the Senate.


    Both men have earned praise from those who want stricter enforcement of immigration laws.

    But Mr. Crane and Mr. Judd said holdovers from the Obama era in the agencies and at the Homeland Security Department put up hurdles.

    “Obama holdovers are still running the program, running the show. We’re putting ourselves right back into the same situation we were under the Obama administration,” he said.


    Catch-and-release was one of those issues. Agents said they would arrest illegal immigrants at the border only to be ordered to release them immediately after giving them a notice to appear.


    While the Obama administration considered that enforcement, to illegal immigrants it was an invitation to come to the U.S. Once released, they could slip into the shadows and blend in with the 11 million other illegal immigrants, who are gaining a foothold in society.


    Central Americans even called the notices to appear “permisos,” or free passes.

    Mr. Judd said Border Patrol agents under the Obama administration last year were ordered to release newly arrested illegal immigrants with notices to appear. That ended under Mr. Trump, and agents were able to turn illegal immigrants over to ICE for holding and processing — though ICE would still issue notices to appear and release them.

    “The catch-and-release program never ended, and once that information got back to countries throughout the world, we started to see an increase,” he said.


    He said it’s not just Latin America. Agents in San Diego have apprehended dozens of people from Asian countries so far in fiscal year 2018, which began Oct. 1 — including 64 from India.


    https://www.washingtontimes.com/news/2017/nov/15/catch-and-release-illegal-immigrant-restarted-texa/
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    DON'T REWARD THE CRIMINAL ACTIONS OF MILLIONS OF ILLEGAL ALIENS

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  2. #2
    Senior Member Judy's Avatar
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    When the cat's away, the mice will play. Trump is going to be furious about this one. Heads will roll.
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    Absolutely disgusting - by the thousands coming monthly and released into our country, STILL. It has been 10mths since trump took office and this revelation is appalling. Why don't they catch and return right back over the border?

    I cannot believe that until the wall is built they cannot drone and man the border areas to detect and boomerang them back immediately. mexico is so crowded, they must see these people before breaching the border area - they allow asians to parade thru their country to cross our border?

    We have money for illegals and their anchor babies but not monies to efficiently protect our citizens? GET REAL TRUMP, KELLY - what is pence doing?
    Last edited by artist; 11-16-2017 at 12:10 AM.
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    MW
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    Quote Originally Posted by Judy View Post
    When the cat's away, the mice will play. Trump is going to be furious about this one. Heads will roll.
    Oh please ...... this would be happening regardless of where Trump is or was. He promised during his campaign that catch & release would be a thing of the past. We'll, I guess we can see that's not true.

    This can be fixed, but it needs to be done without delay!

    "The only thing necessary for the triumph of evil is for good men to do nothing" ** Edmund Burke**

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    It is inexusacable for thousands to still be coming. How hollow speeches are about a reduction in people crossing when hundreds of thousands get through each year. I watched an interview recently with an agent that said upwards to 70 percent are not caught.

    Call in the National Guard or military. It is an invasion. Millions here illegally and possibly a million more cross illegally each year but many are released. No wonder there is disappointment by Border Patrol and ICE.

    Then we have a Congress fighting a border wall, fighting enforcement, refusing to end birthright citizenship, enabling illegal aliens and using taxpayer dollars to bless their lives here.
    Last edited by GeorgiaPeach; 11-16-2017 at 12:29 AM.
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    Jeremiah 29:11 - It is written, "For I know the plans I have for you, declares the Lord, plans to prosper you and not to harm you, plans to give you hope and a future."

  6. #6
    Senior Member Judy's Avatar
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    Your unwarranted hatred for our President has truly become nauseating. Whine, whine, whine, that's all you do. Worthless negative activity that based on my experience has never gained any cause, effort or organization anything. If you think you can get more with a Democrat in the White House in 3 years, which is where all this whining is headed if you ask me, then you will be as finished as Bannon.
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    Senior Member Judy's Avatar
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    Quote Originally Posted by GeorgiaPeach View Post
    It is inexusacable for thousands to still be coming. How hollow speeches are about a reduction in people crossing when hundreds of thousands get through each year. I watched an interview recently with an agent that said upwards to 70 percent are not caught.

    Call in the National Guard or military, it is an invasion.
    ABSOLUTELY!! Call Abbott and Ducey and tell him to move Texas and Arizona National Guards to the border on a federal mission. And if some RINO or DEMOQUACK holler posse comitatus, tell 'em to sit down and shut up.
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    I am not 100% sure about this, but could President Trump use military forces. I know that they cannot be used for law enforcement, but can they be used to protect the United States from a foreign invasion of unarmed civilians? I am sure that the governor of the state of Texas would allow them in. Tent cities could be erected all along to border so that the prisoners do not have to walk too far to go to their new home. The AV drones could also be used for search operations.

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    Senior Member Judy's Avatar
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    Quote Originally Posted by philipbrown View Post
    I am not 100% sure about this, but could President Trump use military forces. I know that they cannot be used for law enforcement, but can they be used to protect the United States from a foreign invasion of unarmed civilians? I am sure that the governor of the state of Texas would allow them in. Tent cities could be erected all along to border so that the prisoners do not have to walk too far to go to their new home. The AV drones could also be used for search operations.
    Yes, absolutely, our country can use National Guard or even army if necessary to protect against any type of foreign invasion. They can set the tents up on the Mexican side. Let Mexico worry about them.
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    MW
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    Posse Comitatus Act and the US Military on the Border

    What the National Guard Can and Cannot Do







    Kentucky National Guard Arrives In Arizona. Gary Williams / Getty ImagesIssues

    by Robert Longley
    Updated August 04, 2017


    In May 2006, President George W. Bush, in "Operation Jumpstart," ordered up to 6,000 National Guard troops to the states along the Mexican border to support the Border Patrol in controlling illegal immigration and related criminal activities on U.S. soil. On July 19, 2010, President Obama ordered an additional 1,200 Guard troops to the southern border. While this buildup was substantial and controversial, it did not require Obama to suspend the Posse Comitatus Act.



    the Posse Comitatus Act limits the Guard troops to acting only in support of the U.S. Border Patrol, and state and local law enforcement officers.

    POSSE COMITATUS AND MARTIAL LAW

    The Posse Comitatus Act of 1878 prohibits the use of U.S. military forces to perform the tasks of civilian law enforcement such as arrest, apprehension, interrogation, and detention unless explicitly authorized by Congress.

    The Posse Comitatus Act, signed into law by President Rutherford B. Hayes on June 18, 1878, limits the power of the federal government in the use of federal military personnel to enforce U.S. laws and domestic policies within the borders of the United States. The law was passed as an amendment to an army appropriation bill following the end of Reconstruction and was subsequently amended in 1956 and 1981.

    As originally enacted in 1878, the Posse Comitatus Act applied only to the U.S. Army but was amended in 1956 to include the Air Force.

    In addition, the Department of the Navy has enacted regulations intended to apply the Posse Comitatus act restrictions to the U.S. Navy and Marine Corps.

    The Posse Comitatus Act does not apply to the Army National Guard and the Air National Guard when acting in a law enforcement capacity within its own state when ordered by the governor of that state or in an adjacent state if invited by that state’s governor.

    Operating under the Department of Homeland Security, the U.S. Coast Guard is not covered by the Posse Comitatus Act. While the Coast Guard is an “armed service,” it also has both a maritime law enforcement mission and a federal regulatory agency mission.

    The Posse Comitatus Act was originally enacted due to the feeling of many members of Congress at the time that President Abraham Lincoln had exceeded his authority during the Civil War by suspending habeas corpus and creating military courts with jurisdiction over civilians.

    It should be noted that the Posse Comitatus Act greatly limits, but does not eliminate the power of the President of the United States to declare "martial law," the assumption of all civilian police powers by the military.

    The president, under his or her constitutional powers to put down insurrection, rebellion, or invasion, may declare martial law when local law enforcement and court systems have ceased to function. For example, after the bombing of Pearl Harbor on December 7, 1941, President Roosevelt declared martial law in Hawaii at the request of the territorial governor.

    WHAT THE NATIONAL GUARD CAN DO ON THE BORDER

    The Posse Comitatus Act and subsequent legislation specifically prohibit the use of the Army, Air Force, Navy and Marines to enforce the domestic laws of the United States except when expressly authorized by the Constitution or Congress.

    Since it enforces maritime safety, environmental and trade laws, the Coast Guard is exempt from the Posse Comitatus Act.

    While Posse Comitatus does not specifically apply to the actions of the National Guard, National Guard regulations stipulate that its troops, unless authorized by Congress, are not to take part in typical law enforcement actions including arrests, searches of suspects or the public, or evidence handling.

    WHAT THE NATIONAL GUARD CANNIT DO ON THE BORDER

    Operating within the limitations of the Posse Comitatus Act, and as acknowledged by the Obama administration, National Guard troops deployed to the Mexican Border States will, as directed by the states' governors, support the Border Patrol and state and local law enforcement agencies by providing surveillance, intelligence gathering, and reconnaissance support.

    In addition, the troops will assist with "counternarcotics enforcement" duties until additional Border Patrol agents are trained and in place. The Guard troops may also assist in the construction of roads, fences, surveillance towers and vehicle barriers necessary to prevent illegal border crossings.

    Under the Defense Authorization Act for FY2007 (H.R. 5122), the Secretary of Defense, upon a request from the Secretary of Homeland Security, can also assist in preventing terrorists, drug traffickers, and illegal aliens from entering the United States.

    WHERE CONGRESS STANDS ON THE POSSE COMITATUS ACT

    On Oct. 25, 2005, the House of Representatives and Senate enacted a joint resolution (H. CON. RES. 274) clarifying Congress' stance on the effect of the Posse Comitatus Act on the use of the military on U.S. soil. In part, the resolution states "by its express terms, the Posse Comitatus Act is not a complete barrier to the use of the Armed Forces for a range of domestic purposes, including law enforcement functions, when the use of the Armed Forces is authorized by Act of Congress or the President determines that the use of the Armed Forces is required to fulfill the President's obligations under the Constitution to respond promptly in time of war, insurrection, or other serious emergency."​

    https://www.thoughtco.com/posse-comi...border-3321286



    "The only thing necessary for the triumph of evil is for good men to do nothing" ** Edmund Burke**

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