Thread: Judge will temporarily halt deportations of reunited families By TED HESSON 07/16/201

Originally Posted by Judy

I don't think it is, I think we can deport children to their home country, if not, we should never let another one step foot on our soil for any reason, no green card, no visas, nada.

We didn't the unaccompanied minors----so next up, these parents will claim they didn't know their children were tagging along, and they should be considered unaccompanied. The Judge will say, of course.
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If children are considered unaccompanied minors. Under U.S. law, they cannot be deported right away. They are placed with sponsors, who are typically close relatives such as parents, siblings or aunts and uncles that live in the USA. About 10% of the time, the minors are placed with people who aren't related to them.
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Originally Posted by lorrie

U.S. District Judge does not have the legal authority to stop deportation.

Someone needs to inform them and the ACLU of that

Originally Posted by stoptheinvaders

We didn't the unaccompanied minors----so next up, these parents will claim they didn't know their children were tagging along, and they should be considered unaccompanied. The Judge will say, of course.
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The children are considered unaccompanied minors. Under U.S. law, they cannot be deported right away. They are placed with sponsors, who are typically close relatives such as parents, siblings or aunts and uncles that live in the USA. About 10% of the time, the minors are placed with people who aren't related to them.
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They're just placed there awaiting a hearing to be deported. See, this whole logger-jam is over an incompetent DOJ that can't keep up with its own instructions and decrees or clean up its own mess. That's why I say get DOJ the hell out of this, they're morons, and put deportation orders back into DHS where it should have stayed all along. We don't want any more DOJ Amnesty. We're fed up with it.

Originally Posted by Judy

They're just placed there awaiting a hearing to be deported. See, this whole logger-jam is over an incompetent DOJ that can't keep up with its own instructions and decrees or clean up its own mess. That's why I say get DOJ the hell out of this, they're morons, and put deportation orders back into DHS where it should have stayed all along. We don't want any more DOJ Amnesty. We're fed up with it.

You want deportations back in the hands of DHS=Nielsen, who was just a few days ago still yapping about Russia interfering in the election, seriously?

I don't care if it is in the hands of the DOJ---DHS---ABC---SOS or what, I just want them deported. However, I will continue to say put the Military on the Border----STOP the flow, then we would not need to have this discussion except for the 40 million already here.

Trump needs to ignore the court order

Judy wrote:

They're just placed there awaiting a hearing to be deported. See, this whole logger-jam is over an incompetent DOJ that can't keep up with its own instructions and decrees or clean up its own mess. That's why I say get DOJ the hell out of this, they're morons, and put deportation orders back into DHS where it should have stayed all along. We don't want any more DOJ Amnesty. We're fed up with it.

You're blaming the wrong folks. It's our liberal congress critters, ACLU, other such organizations and liberal judges causing the problem, it's not the Department of Justice. The DOJ is fighting a lot of resistance and liberal judges keep changing the rules of the game. It's easy to be a keyboard warrior and lawyer, but you have no idea of the true depth of the issues the DOJ is dealing with. The same problems would exist with the DHS. It would be great if we could just twitch our nose like Bewitched and get everything we want, however, things just aren't that simple.

Originally Posted by lorrie

Trump needs to ignore the court order

What Would Happen If the President Defies a Court Order?

FEBRUARY 3RD 2017
By: Thor Benson
With lawyers gearing up to challenge President Trump at every turn, and given Trump's temperament and lack of conventionality, it seems possible he may try to defy court orders with which he disagrees.

During the initial battle over Trump's executive order banning refugees and other immigrants over the weekend, reports came out that numerous border agents were defying a federal court order that said to let immigrants detained at multiple airports enter the country. The question becomes:

What would happen if Mr. Trump decided to encourage federal employees to defy a court order?

WALLYG/WIKIMEDIA - WIKIMEDIA.ORG

Some history

"An officer who defies a court order is subject to contempt of court," Michael McConnell, director of the Constitutional Law Center at Stanford Law School, told ATTN:. That means the federal employee could face fines or jail time.

McConnell said presidents have tried to get around court orders in the past, but it hasn't happened in a long time. He pointed to President Abraham Lincoln refusing to comply with the U.S. Supreme Court during the Civil War when it decidedthe president did not have the authority to order that a man accused of treason, Maryland state legislator and militia lieutenant John Merryman, be held without trial.

JEFF KUBINA/WIKIMEDIA - WIKIMEDIA.ORG

Andrew Jackson did a similar thing when he reportedly said:

“John Marshall has made his decision; now let him enforce it.” The accuracy of that quote has been debated, but that's another story. Jackson was referring to Supreme Court Justice John Marshall, who had ruled that a state law allowing for the seizure of indigenous land violated federal treaties. And, indeed, Jackson simply ignored the ruling, as PBS recounts.

A constitutional crisis

Any president defying the courts could cause a constitutional crisis.

"If the president were to tell [federal employees] to disobey a court order, then presumably the court would hold those officers in contempt," Adam Winkler, a professor of constitutional law at UCLA, told ATTN:.

"They could, possibly, even hold President Trump in contempt," Winkler said. "It's not clear exactly how that would work. It would be a constitutional crisis of the sort that maybe we're likely to get in a Trump administration."

BLUSZCZOKRZEW/WIKIMEDIA - WIKIMEDIA.ORG

Winkler said it would definitely "cause chaos," and that "the prospect is too horrible" to even contemplate.
Trump acting in such a way could be the basis for impeachment proceedings, but that would be the responsibility of a Congress controlled by the president's own party, Winkler noted. One major reason the president resisting courts would be so damaging is the effect it would have on the separation of powers. No branch of the government, at least on paper, is to challenge the power and jurisdiction of another.

What's more likely

Winkler said it's more likely that Trump will have the Attorney General order federal employees to defy the courts, but it's not impossible that Trump would decide to do it himself. He's known for tweeting impulsively and signing executive ordersbefore consulting his top people, after all.

It is possible, though, that Trump would find it hard to go against his lawyers.

GAGE SKIDMORE/FLICKR - FLICKR.COM

"I imagine that if Trump ordered lawyers to ignore court orders, we would see significant resignations, en masse," Winkler said. "You're talking about government prosecutors who believe in the rule of law. These are not political appointees, these are career prosecutors. They're not going to follow that kind of order."

The conscience of a federal lawyer, then, may be the best tool available to stop a president from defying the rule of law.

https://www.attn.com/stories/14672/w...es-defy-courts

Originally Posted by lorrie

Trump needs to ignore the court order

The judge makes an order that brings everything to a halt until the Ninth Circuit Court has time to consider it. If President Trump ignores the order, they will be the ones waiting for a court date!

Originally Posted by JohnDoe2

"An officer who defies a court order is subject to contempt of court," Michael McConnell, director of the Constitutional Law Center at Stanford Law School, told ATTN:. That means the federal employee could face fines or jail time.

A judge can make an order that is found to be illegal, or that the judge did not have the authority to make the order, and it's no skin off of his nose!

"They could, possibly, even hold President Trump in contempt," Winkler said. "It's not clear exactly how that would work.

Exactly! Constitutionally they could do nothing until he was impeached. By then the matter would most likely be moot!

Trump acting in such a way could be the basis for impeachment proceedings, but that would be the responsibility of a Congress controlled by the president's own party, Winkler noted.

One major reason the president resisting courts would be so damaging is the effect it would have on the separation of powers. No branch of the government, at least on paper, is to challenge the power and jurisdiction of another.

Tell that to all the left-wing judges!

"I imagine that if Trump ordered lawyers to ignore court orders, we would see significant resignations, en masse," Winkler said. "You're talking about government prosecutors who believe in the rule of law. These are not political appointees, these are career prosecutors. They're not going to follow that kind of order."

We are a nation of cowards. Remember Nathan Hale's "I only regret that I have but one life to lose for my country."?

In the military we were taught to obey orders. Then came the My Lai massacre. In that case it was found that a military member had the right to disobey an order of a superior officer if they felt is was illegal. I tested that a couple of times. Once a Captain ordered me to remove a part from an airplane to put on another airplane that was about to take off. I refuse. He threatened Courts-Martial. I stood my ground, asked for his serial number and he backed down. My buddies said I was going down. But if I complied with that Captain's order, I would likely have been held accountable. And you could be sure he would leave me out to dry. His career was more important...to him!

It's a matter of standing up for what's right. What this judge ordered is not law. It's only his order. So I think there is grounds to disobey it until determination is made.

More on what the ACLU is doing.....

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The pending deportations were blocked on Monday, for one week, at the request of the ACLU by Sabraw, who is already forcing agency officials to reunite 2,551 children and youths with their migrant parents. The judge’s demand for reunification is forcing immigration agencies to release the migrants’ parents from detention before the President’s zero-tolerance policy can deport them homewards. Sabraw is also forcing taxpayers to fund the reunification of the migrants with their claimed children.
“Due to their unlawful separations, parents and children have had no chance to have meaningful conversations with one another about the family’s collective options,” the ACLU said in its request to the judge. “Parents cannot make such momentous decisions on behalf of their families without knowing what claims their children may have, or even that their children may have independent claims.”
The parents could ask the ACLU to help win asylum for their children, even after the parents have done home. One option for the children and youths is to seek so-called ” Special Immigrant Juvenile Status” which would allow a state judge to win federal green cards for youths on the grounds that they have been abandoned by their parents in the United States.

https://www.breitbart.com/big-govern...-deportations/