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Thread: Trump keeps DACA but chips away at barriers to deportation

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  1. #1
    Senior Member lorrie's Avatar
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    Trump keeps DACA but chips away at barriers to deportation

    Trump keeps DACA but chips away at barriers to deportation

    Two Obama-era protections left intact


    Posted: Feb 21, 2017 11:39 AM PST
    Updated: Feb 21, 2017 02:36 PM PST

    WASHINGTON (CNN) - The Trump administration on Tuesday delivered its most explicit embrace yet of Obama-era protections for young undocumented immigrants -- while at the same time issuing new rules that immigration advocates fear effectively chips away at the previous barriers to deportation.

    Newly released memos from the Department of Homeland Security leave intact two specific executive orders from President Barack Obama that granted protection from prosecution for so-called Dreamers, young immigrants who were brought to the US as children, and a second one that included parents of US citizens and legal residents.

    "None of this affects DACA," the name of the deferred action program, a Homeland Security official told reporters Tuesday. While Obama's second executive order (DAPA) was untouched by the Trump administration, it has been blocked by the courts and is still tied up in legal action.

    The preservation of the Obama-era policies comes after Trump has attempted to tread carefully on DACA, walking a line between Republicans who want the program cut entirely, and the political and practical impact of eliminating protections for undocumented immigrants.

    "We're gonna show great heart," Trump said in a news conference last week. "DACA is a very, very difficult subject for me, I will tell you."

    But he also spoke of possible abuses of the DACA program.

    "To me, it's one of the most difficult subjects I have because you have these incredible kids, in many cases, not in all cases. And some of the cases, having DACA and they're gang members and they're drug dealers, too. But you have some absolutely, incredible kids, I would say mostly. They were brought here in such a way -- it's a very -- it's a very, very tough subject."

    White House press secretary Sean Spicer Tuesday explicitly said "no" when a reporter asked if the memos could be read as settling the matter for good.

    "Everyone who is here illegally is subject to removal at any time," Spicer said of the DHS guidance. "But the priority that the President's laid forth and the priority that ICE is putting forward through DHS' guidance is to make sure that the people who have committed a crime or threat to public safety are the priority of their efforts, first and foremost."

    While the memos leave DACA and DAPA as an exception, they also make clear that any undocumented immigrant charged with a crime is now eligible for removal and no undocumented immigrants will be exempt from deportation proceedings.

    Immigration advocates have long been unsatisfied with Trump's focus on removing "bad" people. They point to his aggressive anti-immigrant rhetoric on the campaign trail, including his very first campaign speech identifying many Mexican immigrants as criminals and rapists, without evidence.

    They see this guidance as more of the same -- lip service to the good guys, while still maintaining avenues for labeling anyone a "bad" guy.

    "The President made clear that they don't yet have a plan on DACA, and the guidance issued today doesn't add anything to that," said Kamal Essaheb, director of policy and advocacy at National Immigration Law Center.

    "But we know better than to take DHS at its word on the issue: last week, we saw a breathtaking disregard for the protections promised under DACA or for sensitive locations," Essaheb added. "We cannot at this time offer a confident assessment of whether anyone -- including those with DACA -- are protected from enforcement."

    The DACA protections set up a procedure for verifying the roughly 750,000 participants in the program, including background checks. In exchange, the recipients receive permits to work and seek education in the US, though they do not receive citizenship or legal status.

    The goal of the program is to allow such young people -- many of whom have lived the majority of their lives in the US -- to contribute to their communities without living in fear of being deported if caught.

    But despite DHS' assurances that their increased enforcement does not affect DACA recipients, the community remains concerned that everyone is a target.

    "These memos lay out a detailed blueprint for the mass deportation of 11 million undocumented immigrants in America," said Lynn Tramonte, deputy director of America's Voice Education Fund. "They fulfill the wish lists of the white nationalist and anti-immigrant movements and bring to life the worst of Donald Trump's campaign rhetoric."

    Seattle case reverberates


    The arrest of Daniel Ramirez Medina -- a 23-year-old man who came to US illegally as a young child -- became a flash point for immigration-rights advocates earlier this month, as he had twice been granted deferred action and employment authorization under the DACA program.

    Ramirez's lawyers call him a "law abiding" young father, but federal immigration officials say he is a gang member, issued him a "notice to appear" at immigration removal proceedings, and have terminated his DACA protection.

    Conflicting factual accounts aside -- immigration experts say that from a practical standpoint, once the government alleges an immigrant is gang-affiliated, it's challenging to succeed in immigration court.

    "There is no standard that ICE has to put forward to allege gang affiliation -- they can just say it," according to Heidi Altman, director of policy at the pro-immigrant National Immigrant Justice Center. "Evidence can be as little as a picture on social media with someone who is 'gang-affiliated.'"

    "It's very difficult for judges to look past the allegation once it's been made, and because discretion is paramount in immigration court that's often the end of the story," she added.

    Stephen Yale-Loehr, a professor of immigration law practice at Cornell Law School, further explained because that immigration courts are considered civil, not criminal, proceedings, regular due process protections do not apply in the same way.

    Undocumented immigrants who wind up in removal proceedings "are not entitled to a court-appointed attorney, the standard rules of evidence do not apply, (and) hearsay can come in," Yale-Loehr said.

    But DHS has also released DACA recipients since the new executive orders, including a San Antonio teen who was picked up on low-level marijuana charges.

    http://www.ktvz.com/news/politics/tr...ion/349998327#


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  2. #2
    Super Moderator GeorgiaPeach's Avatar
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    According to this report, it is DACA and DAPA that is exempt. DACA amnesty goes on for illegal aliens through new enrollments and renewals. DAPA gives protection for illegal alien parents of U.S. citizens. Big amnesties.

    The Executive Orders should be rescinded and the DACA website through Homeland Security shut down.
    Beezer, lorrie, MW and 1 others like this.
    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."

  3. #3
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    Illegal aliens should not be rewarded for having anchor babies. DAPA makes my blood boil.
    Beezer, lorrie, Marci and 3 others like this.
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  4. #4
    Senior Member ExCaliGal's Avatar
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    What Trump should of added if he could of....
    as of today's date any illegal giving Birth or plan on giving birth, that child will not be a us citizen and will not be paid for by any us citizen, No welfare no free birth and no more anchor illegals...While they wait for the immigration hearing there popping out kids, so if there is a way to make that stop then we should try..
    Judy and Beezer like this.

  5. #5
    MW
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    Senior Member MW's Avatar
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    Keep your promise, Mr. President, end DACA now!
    Judy, Beezer and Marci like this.

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

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  6. #6
    Senior Member hattiecat's Avatar
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    Quote Originally Posted by Scott-in-FL View Post
    Illegal aliens should not be rewarded for having anchor babies. DAPA makes my blood boil.
    The billions of taxpayer dollars spent on the children of illegal aliens is why there can be no amnesty for their parents .
    Beezer, Judy and Mayday like this.

  7. #7
    Senior Member Beezer's Avatar
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    All non-citizens who give birth on US soil whether here on vacation, a Visa, here illegally or otherwise should receive a CERTIFICATE OF CHILD BORN ABROAD.

    They take that Certificate and go apply for a Birth Certificate in their Country.

    No US Birth Certificate, No citizenship, No eligibility for taxpayer benefits. And they pay the hospital bill, stop burdening the US taxpayers with these medical bills. Get them out.
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