Thread: DHS Official: Deported Parents Decided to Leave 100-Plus Children Behind

Originally Posted by MW

It's delusional to think the system would be any different if DHS was responsible for deportation in the sense you're advocating for. DHS is responsible for the actual retention and physical deportations of all illegal aliens.

If the responsibilities of DOJ were switched to DHS they would still be required to act in accordance with our immigration laws and U.S. Constitution. There would still be immigration courts and immigration judges whether you cut DOJ completely out or not. Your argument on whether DHS or DOJ should be responsible for immigration courts and judges is meaningless because both would have to observe the same laws.

Put perhaps more simply, DHS is like the police departments who can arrest someone according to law, but not try them. DOJ is like the courts who try the cases, bur do not make the arrests.

Originally Posted by MW

All of it is true.

In a nutshell, DOJ does not have the authority to grant amnesty. DHS detains or releases illegal aliens. DOJ does not detain or release illegal. DHS either deports illegals or refers them to an immigration judge (DOJ).

This isn't hard to understand. I'm sorry it doesn't fit the narrative you're attempting to push and that is that DOJ is responsible for everything.

Again, my comparison, a cop can release a suspect without charging them (DHS). But once charged, only a court can release them (DOJ)!

Originally Posted by jtdc

Put perhaps more simply, DHS is like the police departments who can arrest someone according to law, but not try them. DOJ is like the courts who try the cases, bur do not make the arrests.[/SIZE]

Which is totally unnecessary because Deportation Orders do not deprive you of life or property, they result in your relocation to your legal official domicile of citizenship, where you belong. Deportations do not require a legal proceeding at all, they require an administrative review to make sure you are not a US citizen or Legal Immigrant being wrongfully deported by mistake or error. DOJ doesn't have this information, they don't know who is legal and who is illegal, only DHS knows that, so why ask some outfit who doesn't know anything about the matter at hand to "Judge" it and issue Deportation Orders? It's asinine on its face, the "craziest thing in the world".

You've heard the ole phrase "'don't make a federal case out of it", advice that should be heeded here. This is a federal enforcement issue, not a judicial issue. Anyone with an 8th grade education can ask two questions an determine the answer, are you a US citizen, yes or not, if no, do you have valid unexpired documents to be in the US, yes or no, and if no and no, then out you go. Appeal? Sure, here's another reviewer asking the same questions the next day, getting the same answers with the same result, assuming no error was made, and out you go. If ICE made a mistake and you are a citizen or a legal immigrant, give them an apology and instructions on how to sue for damages. Otherwise, have the bags packed and already on the bus, then shoo them on to it immediately after the appeal and get them the hell out of here.

Originally Posted by Judy

Which is totally unnecessary because Deportation Orders do not deprive you of life or property, they result in your relocation to your legal official domicile of citizenship, where you belong.

So we only have courts and public prosecutors for crimes that punishment results in depriving you of your life or property?

Originally Posted by Judy

Deportations do not require a legal proceeding at all, they require an administrative review to make sure you are not a US citizen or Legal Immigrant being wrongfully deported by mistake or error.

Just like a policeman deciding to let you go without charging you!

Originally Posted by JUDY

DOJ doesn't have this information, they don't know who is legal and who is illegal, only DHS knows that, so why ask some outfit who doesn't know anything about the matter at hand to "Judge" it and issue Deportation Orders?

Can't they look in that E-Verify database like all the rest of us are supposed to be able to?

Originally Posted by Judy

Anyone with an 8th grade education can ask two questions an determine the answer, are you a US citizen, yes or not, if no, do you have valid unexpired documents to be in the US, yes or no, and if no and no, then out you go.

But, as you know, our legal system has been corrupted by politicians where it is not that simple!

Originally Posted by Judy

DOJ is solely responsible for everything related to their failure to issue Deportation Orders to illegal aliens in our country in violation of US immigration law. And DOJ Amnesty is allowing you to remain our country with work permits for years awaiting a deportation process that never occurs.

Attempting to discuss anything with you is like talking to a wall.

For the last time, the DOJ does not have the authority to give illegal aliens amnesty. As for catch & release, that's DHS. The DOJ isn't responsible for the detention of illegals, that too is the responsibility of DHS.

Work permits given to asylum claimants awaiting their claim (after 150 days) are issued a work permit (EAD) by the office of U.S. Citizenship and Immigration Service (USCIS) which is under the DHS. The DOJ has nothing to with the work permits. As for illegal immigrants, they are not allowed to legally work in the United States and are not given work permits (exception DACA illegals).

Most everything you're attempting to blame the DOJ for falls under the responsibilities of DHS.

The DOJ does hear asylum cases when the claimant passes the credible fear test through DHS. The DOJ prosecutes illegal alien cases and holds hearing for apprehended illegals caught in our interior when DHS (ICE) refers them. Same goes for those captured within 100 miles of the border except those not immediately deported by the border patrol are turned over to ICE for future referral to DOJ. Unfortunately, in many cases it seems DHS (ICE) is still practicing catch & release because they say they don't have the retention space available. That's on DHS, not the DOJ.

I don't know why the system is so difficult for your to comprehend. I can certainly understand JD2's frustration and lack of patience when trying to explain something to you.

Originally Posted by jtdc

Again, my comparison, a cop can release a suspect without charging them (DHS). But once charged, only a court can release them (DOJ)!

That's right, except DHS does have the authority to deport illegals agreeing to a voluntary deportation. Of course under the new "zero tolerance" policy, I'm not sure how many are currently being voluntarily deported.

Originally Posted by MW

Attempting to discuss anything with you is like talking to a wall. . .

I was thinking bag of rocks, but wall works too.

Originally Posted by MW

That's right, except DHS does have the authority to deport illegals agreeing to a voluntary deportation. Of course under the new "zero tolerance" policy, I'm not sure how many are currently being voluntarily deported.

I don't see a number but here is the story.

Separated parents given option for voluntary deportation amid child reunification

By Tal Kopan, Eli Watkins and Sonia Moghe, CNN
Updated 8:46 PM ET, Sun June 24, 2018

(CNN) As focus intensifies on reuniting immigrant families separated by the government, parents are being offered the option to sign voluntary departure orders to speed up their cases -- and are told they'll be reunited with their kids before they are deported if they do.

The option is not unique to parents and is not the only option parents are given, but the offer is raising eyebrows among those who represent undocumented immigrants, who question as to whether it's understood properly by the parents being offered it.

An administration official confirmed the arrangement to CNN, saying that as is customary, immigrants in detention are being offered the chance to sign the orders to be removed from the country more quickly than if they waited for a judge. In that context, they are told their children will be reunited with them -- if they choose for them to be -- before they are deported.

The policy raises questions about how immigrants are being helped to approach their own legal situations and reunification. Efrén Olivares, an attorney with the Texas Civil Rights Project, said in a call with reporters Sunday that the matter seemed to conflate "two separate points," deportation and reunification.

"We have no reason to believe that (voluntary deportation) is the fastest way for parents to be reunited with their children,"
Olivares said. "Putting them in that position is not a voluntary (deportation); it's being obtained under duress."

The undocumented immigrants are given the choice whether to be deported with or without their kids, whose deportation cases will likely move at a much slower pace given the different legal protections for children and the government's decision to place the children in separate facilities and proceedings.

Henry Lucero, an enforcement and removal operations official of Immigration and Customs Enforcement, said at a roundtable in Weslaco, Texas, on Friday that "a majority" of parents in immigration detention were opting to be deported without their children so the children can go through the immigration system. An ICE spokeswoman responded saying Lucero was speaking about his own current experiences and couldn't provide numbers of how many parents had volunteered to be deported.

A fact sheet from the Department of Homeland Security released Saturday evening said, "It should be noted that in the past many parents have elected to be removed without their children."

Government details how separated families will be reunited -- eventually

The Trump administration put out the release on Saturday night about reunification following the family separations resulting from the "zero-tolerance" policy amid an outcry about the separations and questions about reunification. The release said the Department of Health and Human Services still had 2,053 children in custody not reunited with parents, and the administration plan said reunifications would only take place once the parents' deportation proceedings were finished.

Under the law, immigrants are allowed to have legal representation, although the government does not provide any as they navigate the US immigration system and seek to reunify with their children after the government separated them.

The families will either be reunited before deportation, or, if the parent is released from detention, after the parent applies to serve as the child's sponsor under HHS rules.

Trump: Deport without 'judges or court cases'

The announcement came after President Donald Trump signed an order on Wednesday aimed at keeping more families together. At the same time, Trump has railed on Twitter against standing immigration law and legal precedent.

On Sunday, he tweeted a call for an end to judicial proceedings altogether.

https://www.cnn.com/2018/06/24/polit...ers/index.html

Originally Posted by jtdc

So we only have courts and public prosecutors for crimes that punishment results in depriving you of your life or property?

Just like a policeman deciding to let you go without charging you!

Can't they look in that E-Verify database like all the rest of us are supposed to be able to?

But, as you know, our legal system has been corrupted by politicians where it is not that simple!

Your constitutional right to due process is based on punishment that impacts your life and property. It has nothing to do with being in the wrong country. That is a simple fact issue with a relocation remedy to your proper domicile of citizenship.

Originally Posted by Judy

Your constitutional right to due process is based on punishment that impacts your life and property. It has nothing to do with being in the wrong country. That is a simple fact issue with a relocation remedy to your proper domicile of citizenship.

So what's that have to do with whether DOJ or DHS is handling the matter?