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Thread: JUST IN: President Trump Moves to Restrict Asylum Access at Southern Border

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  1. #11
    Senior Member Judy's Avatar
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    Quote Originally Posted by GeorgiaPeach View Post
    Judy, it was a shame that so many republicans decided to quit (45) and not run again. That left us with a big hill to climb to keep the House. Many were against President Trump even if not vocally.
    Oh they were very "vocal". They've been criticizing Trump since March of 2017 on our immigration issue. Every alert, every memo, every article, press release, interview, post etc. cost Republicans thousands of votes in this electiono and collectively millions. When someone tells you day after day that your new President is a "liar", a "betrayer", a "broken promises" "narcissist" "fraud" "scammer", a lot of people actually believe it and think "well, I'm not going to vote then" or "I'll vote for a DemoQuack, at least they're ""honest"" about it." Remember that meme?

    A tragic defeat for our country. I don't think people understand the significance of what has happened yet or the dire consequences that will result from it.
    Last edited by Judy; 11-08-2018 at 07:38 PM.
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  2. #12
    Super Moderator GeorgiaPeach's Avatar
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    Officials Change Asylum Rules to Ensure Quick Deportation of Economic Migrants


    November 8, 2018


    [

    [/COLOR]

    “Consistent with our immigration laws, the President has the broad authority to suspend or restrict the entry of aliens into the United States if he determines it to be in the national interest to do so,” said a Thursday
    statement by Secretary Kirstjen M. Nielsen, Acting Attorney General Matthew G. Whitaker. They continued:

    Today’s rule applies this important principle to aliens who violate such a suspension or restriction regarding the southern border imposed by the President by invoking an express authority provided by Congress to restrict eligibility for asylum. Our asylum system is overwhelmed with too many meritless asylum claims from aliens who place a tremendous burden on our resources, preventing us from being able to expeditiously grant asylum to those who truly deserve it.

    Today, we are using the authority granted to us by Congress to bar aliens who violate a Presidential suspension of entry or other restriction from asylum eligibility.”

    The policy covers the migrants in the three caravans that are moving northwards, and all other migrants who cross the border illegally. Currently, most of the economic migrants who cross the border are allowed to file for asylum, which ensures their release into the U.S. job market for at least two years, pending a judge’s approval or rejection of their asylum claims.



    The plan has two steps.


    First, the president uses his legal authority to bar the entry of some groups of travelers into the United States. The likely group is migrants seeking jobs in the United States. This declaration provides border officials with additional legal authority for the second step.


    Second, border officials will detain illegal migrants who cross the border between the official “ports of entry.” The caught migrants would be denied the right to file for full asylum even they claimed a “credible fear” of being sent home. These illegal migrants would be allowed a “withholding of removal” status which allows them to stay in the United States but does not put them on a track to green cards and citizenship. But officials would also be allowed to deport the illegal migrants under the fast-track “expedited removal” laws, so ensuring they are not released into the U.S. job market.


    Economic migrants who use the ports of entry would still be allowed to file for full asylum, with the possibility of catch-and-release if they pass their credible-fear tests.


    Many migrants apply for asylum, in part, because the application allows them to legally get U.S. jobs until a court denies their asylum request, usually after a delay of two years. According to an agency statement:

    As of November 2, 2018, there were approximately 203,569 total [asylum] cases pending in the immigration courts that originated with a credible-fear referral—or 26% of the total backlog of 791,821 removal cases. Of that number, 136,554 involved nationals of Northern Triangle countries.

    Senior administration officials said the plan does not deal with economic migrants who bring children to trigger the Flores catch-and-release loophole.

    “We do not expect any one action to stall all of the myriad legions of flaws in our nation’s current immigration system,” an official told reporters. “We are looking at a number of possibilities and a number of [additional] legal options,” the official said.


    But officials have drafted a regulation that would replace the Flores catch-and-release rule. The regulation would allow officials to keep migrants with children in tent cities, so ending the catch-and-release policies if Congress fully funds the tent cities. If catch-and-release is ended, the grants lose their ability to get jobs in the United States which they need to repay their smuggling debts.


    However, Democrats and business-first Republicans have been loath to build legal or physical barriers to the movement of migrants into U.S. jobs, apartments and supermarkets.


    The new policy is likely to be blocked by pro-migration judges. In turn, officials likely will ask for the Supreme Court to let the policy continue while courts argue over its legality.


    The new 78-page regulation describes the policy:

    SUMMARY: The Department of Justice and the Department of Homeland Security (“DOJ,” “DHS,” or, collectively, “the Departments”) are adopting an interim final rule governing asylum claims in the context of aliens who are subject to, but contravene, a suspension or limitation on entry into the United States through the southern border with Mexico that is imposed by a presidential proclamation or other presidential order (“a proclamation”) under section 212(f) or 215(a)(1) of the Immigration and Nationality Act (“INA”).

    Pursuant to statutory authority, the Departments are amending their respective existing regulations to provide that aliens subject to such a proclamation concerning the southern border, but who contravene such a proclamation by entering the United States …

    The interim rule, if applied to a proclamation suspending the entry of aliens who cross the southern border unlawfully, would bar such aliens from eligibility for asylum and thereby channel inadmissible aliens to ports of entry, where they would be processed in a controlled, orderly, and lawful manner.

    This rule would apply only prospectively to a proclamation issued after the effective date of this rule. It would not apply to a proclamation that specifically includes an exception for aliens applying for asylum, nor would it apply to aliens subject to a waiver or exception provided by the proclamation.

    … The regulations would ensure that aliens in this category who establish a reasonable fear of persecution or torture could seek withholding of removal under the INA or protection from removal under regulations implementing U.S. obligations under Article 3 of the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (“CAT”).

    The law allows the President to block the entry of people into the United States. An agency statement cited the relevant laws:

    Section 212(f) of the Immigration and Nationality Act states plainly: “Whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate.”


    Section 215(a) of the Immigration and Nationality Act similarly states: “Unless otherwise ordered by the President, it shall be unlawful for any alien to depart from or enter or attempt to depart from or enter the United States except under such reasonable rules, regulations, and orders, and subject to such limitations and exceptions as the President may prescribe.”


    The “interim final rule” regulation is available here.


    https://www.breitbart.com/economy/20...rder-crossers/



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  3. #13
    Senior Member Judy's Avatar
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    Don't forget to post the new 78 page rule in the Federal Register. It's a 30 day comment period before the new rule can even go into effect.

    Maybe the Proclamation can go into effect immediately under a national emergency for national security. Can't wait until tomorrow.
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  4. #14
    Senior Member JohnDoe2's Avatar
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    Caravan asylum seekers can enter at ports of entry only, Trump

    President Donald Trump says asylum seekers must go to ports of entry in order to make a claim.
    NO AMNESTY

    Don't reward the criminal actions of millions of illegal aliens by giving them citizenship.


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  5. #15
    Senior Member Captainron's Avatar
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    Speaking of pro-immigration lawsuits, we can see that the basic premise of these, as inevitably brought by the ACLU, will be that all immigrants, even those outside the









    US apparently, have ordinary constitutional rights. I have not devoted my life to studying th constitution but I know there are plenty of individuals in conservative circles who have! Can't we put our heads together and beat the ACLU?

    We don't violate the rights---apparently--when legal immigrants get deported for crimes of moral turpitude. Are we supposed to have less lax standards for refugees and/or illegal immigrants.

    A lot of these families amount to international enterprises---they are third or fourth generation bricklayers, masons, autobody fixers, mechanics, corn pickers. etc---gonna send some of the profits back home! What about our international commerce clause?

    And what do other countries do, that have a similar constitutional structure? Do illegal immigrants enjoy full citizenship rights?

    In other words==What the H--- is going on?
    Last edited by Captainron; 11-09-2018 at 12:17 AM. Reason: technical correction--legibility
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  6. #16
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    The White House announced Thursday that migrants who try crossing the border illegally won't be able to claim asylum, in an attempt to crack down on "meritless" claims.

    Illegal border crossers now ineligible for asylum, White House says

    By Samuel Chamberlain | Fox News



    Members of one of the migrant caravans riding on a truck in Donaji, Mexico, last week. (AP)

    The Trump administration announced Thursday that migrants who attempt to cross the U.S.-Mexico border illegally will not be eligible to claim asylum under a new rule meant to crack down on "meritless" claims.
    The rule, which prevents migrants from claiming asylum if they do not do so at an official border crossing, is the latest attempt by the White House to handle a surge in migration to the U.S. from the Central American countries of Guatemala, Honduras and El Salvador.
    President Trump is expected to formally enact the rule in a presidential proclamation Friday and will invoke the same powers he used to push through a version of the travel ban that was upheld by the Supreme Court, according to senior administration officials.
    "Consistent with our immigration laws, the President has the broad authority to suspend or restrict the entry of aliens into the United States if he determines it to be in the national interest to do so," Acting Attorney General Matt Whitaker and Homeland Security Secretary Kirstjen Nielsen said in a joint statement. " ... Our asylum system is overwhelmed with too many meritless asylum claims from aliens who place a tremendous burden on our resources, preventing us from being able to expeditiously grant asylum to those who truly deserve it. Today, we are using the authority granted to us by Congress to bar aliens who violate a Presidential suspension of entry or other restriction from asylum eligibility.
    The announcement was the latest push to enforce Trump's hard-line stance on immigration through regulatory changes and presidential orders, bypassing Congress. But those efforts have been largely thwarted by legal challenges and, in the case of family separations this year, stymied by a global outcry that prompted Trump to scrap them.
    Video

    A senior administration official said the White House hopes that by funneling asylum claimants to ports of entry, officials will be able to assess and adjudicate the claims more rapidly. The official did not say where asylum-seekers would be housed should they arrive at those ports of entry in large numbers. The official added that the rule was not retroactive and only covers future asylum claimants.
    Migrants who cross illegally are generally arrested and often seek asylum or some other form of protection. Claims have spiked in recent years, and there is a backlog of more than 800,000 cases pending in immigration court. Generally, only about 20 percent of applicants are approved.
    According to DHS, the department has seen a 2,000 percent increase since 2013 in migrants claiming that they have "credible fear" of persecution should they return to their home country. In 2017, the U.S. fielded more than 330,000 asylum claims, nearly double the number two years earlier and surpassing Germany as highest in the world.
    A senior administration official said Thursday that the vast majority of such claims are "non-meritorious."
    Administration officials said those denied asylum under the proclamation may be eligible for similar forms of protection if they fear returning to their countries, though they would be subject to a tougher threshold. Those forms of protection include "withholding of removal" -- which is similar to asylum, but doesn't allow for green cards or bringing families -- or asylum under the United Nations Convention Against Torture.
    The rule change is likely to be challenged in court. Omar Jadwat, director of the American Civil Liberties Union's Immigrants' Rights Project, said they were clearly illegal.
    Video

    "U.S. law specifically allows individuals to apply for asylum whether or not they are at a port of entry. It is illegal to circumvent that by agency or presidential decree," he said.
    The asylum section of the Immigration and Nationality Act says a migrant is allowed to make a claim up to a year after arriving in the U.S., and it doesn't matter how they arrive -- illegally or through a border crossing.
    Curbing immigration has been a signature issue for Trump, who pushed it hard in the days leading up to Tuesday's midterm elections, railing against caravans of Central American migrants that are still hundreds of miles from the border.
    As of Thursday, there are more than 5,600 U.S. troops deployed to the border mission, with about 550 actually working on the border in Texas. The military is expected to have the vast majority of the more than 7,000 troops planned for the mission deployed by Monday, and that number could grow.
    Trump has also suggested he'd revoke the right to citizenship for babies born to non-U.S. citizens on American soil and erect massive "tent cities" to detain migrants. Those issues were not addressed by the regulations Thursday.
    Video

    The administration has long said immigration officials are drowning in asylum cases partly because people falsely claim asylum and then live in the U.S. with work permits. Trump has long said those seeking asylum should come through legal ports of entry. But many migrants are unaware of that guidance, and official border crossings have grown clogged.
    Officials have turned away asylum seekers at border crossings because of overcrowding, telling them to return later. Backlogs have become especially bad in recent months at crossings in California, Arizona and Texas, with some people waiting five weeks to try to claim asylum at San Diego's main crossing.
    It's unclear how many people en route to the U.S. will even make it to the border. About 4,800 migrants are sheltered in a sports complex in Mexico City, some 600 miles from the U.S. border. Several smaller groups were trailing hundreds of miles to the south; officials estimated about 7,000 in all were in the country in the caravans. The migrants are largely poor people and many say they're fleeing violence; more than 1,700 were children under 18, and more than 300 were children under age 5.
    Fox News' Jake Gibson and Kelly Chernenkoff and The Associated Press contributed to this report.

    https://www.foxnews.com/politics/ill...nlbpW0bYXFvbYk
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  7. #17
    MW
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    Quote Originally Posted by GeorgiaPeach View Post
    Judy, I hope the Acting Attorney General will be proactive on fixing immigration loopholes where he is able. He can also seek to find where laws have been passed but ignored and then fully enforce them.

    Jeff Sessions probably has done all that can pretty much be done to close what loopholes could be closed through policy changes. Furthermore, I'm sure Sessions was heavily involved in this new roll-out, not Whitaker, who just took control yesterday. Any more that needs done will probably require changes in law.

    As for Whitaker, he was primarily hired by Trump in an attempt to offer him and/or his family member's, Don Jr. & Kushner, protection & cover regarding the Russian collusion investigation. Trump needed a yes man and he seems to have found one. Let's not lose sight of the fact that Trump's hiring of Whitaker has little to do with immigration and everything to do with the Russian collusion probe.

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  8. #18
    Senior Member stoptheinvaders's Avatar
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    Quote Originally Posted by MW View Post

    Furthermore, I'm sure Sessions was heavily involved in this new roll-out, not Whitaker, who just took control yesterday.
    It was signed

    Jefferson B. Sessions III
    Attorney General
    Dated:
    November 6, 2018



    I saw a comment on another site, giving credit to the new guy.

    Their comment.....

    Yeah, and the more this guy does, the more upset Im getting at Sessions.

    It is amazing the lengths the Sessions bashing, Trump cheerleaders will go to in distorting the truth!
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  9. #19
    Senior Member JohnDoe2's Avatar
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    MW likes this.
    NO AMNESTY

    Don't reward the criminal actions of millions of illegal aliens by giving them citizenship.


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  10. #20
    Senior Member JohnDoe2's Avatar
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    Quote Originally Posted by stoptheinvaders View Post
    It was signed

    Jefferson B. Sessions III
    Attorney General
    Dated:
    November 6, 2018 . . .
    It sure was. On page 78 of a 78 page PDF.

    Approved:

    Jefferson B. Sessions III
    Attorney General

    Dated: November 6, 2018.

    [FR Doc. 2018-24594 Filed: 11/8/2018 4:15 pm; Publication Date: 11/9/2018]

    https://s3.amazonaws.com/public-insp...2018-24594.pdf
    MW and stoptheinvaders like this.
    NO AMNESTY

    Don't reward the criminal actions of millions of illegal aliens by giving them citizenship.


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