Thread: US will reunite and release over 50 immigrant children

Originally Posted by MW

Not true. ICE (DHS) is not holding them because they don't currently have the detention facilities. This has nothing to do with DOJ. The Department of Justice's responsibility is to prosecute the cases referred to them by ICE. The DOJ does not hold them, that is the ultimate responsibility of the Secretary of Homeland Security, Kirstjen Nielsen.

DHS holds them pending orders from DOJ. DHS doesn't do the bond hearings, DHS doesn't do immigration hearings, deportation hearings, release hearings, DHS doesn't do any hearings, they don't issue the release orders. DOJ does all of that and under the law, DHS has to comply because they have no judicial function within DHS any more. In the old days, DHS handled it all, then during the Bush Administration, they changed it and involved DOJ in all of this. DHS can deny them entry and through Border Patrol, bounce them back when they are found not too far from the border, but once they're in detention, it's out of DHS's hands, they have to follow DOJ orders and instructions including judicial orders. At least that's my understanding of it.

Originally Posted by Judy

No DHS holds them pending orders from DOJ. DHS doesn't do the bond hearings, DHS doesn't do any hearings, they don't issue the release orders. DOJ does all of that and under the law, DHS has to comply because they have no judicial function within DHS any more. In the old days, DHS handled it all, then during the Bush Administration, they changed it and involved DOJ in all of this. It's obvious why they did that isn't it?

You're wrong and need to beef up on the duties and responsibilities of ICE, DHS and the DOJ. The DOJ doesn't hold or retain anyone physically, that is the duty of Enforcement and Removal Operations (ERO) which is a division within ICE. Any illegal alien released in the United States is done so under the authority of ICE officials. Illegals apprehended by ERO are referred to the DOJ for an immigration hearing and/or prosecution. It is the responsibility of ICE to hold the illegals until the court date. Should ICE not have the available detention space, it is their decision to release the illegal with a future court date. The DOJ does not direct ICE to release illegals pending a court date, that is their (ICE) call.

Originally Posted by stoptheinvaders

They might not have to shoot, just the presence of an armed military watching the border might be enough to stop the invasion. If it isn't try rubber bullets, if that doesn't work, then use deadly force. This is an INVASION and it is either us or them!

About the DOJ----I didn't see the DOJ take any action when our military shoots people in other countries, so why would they get involved when our military is protecting our own country?

Because the US Congress gave DOJ judicial review authority over US immigration law.

Originally Posted by MW

You're wrong and need to beef up on the duties and responsibilities of ICE, DHS and the DOJ. The DOJ doesn't hold or retain anyone physically, that is the duty of Enforcement and Removal Operations (ERO) which is a division within ICE. Any illegal alien released in the United States is done so under the authority of ICE officials. Illegals apprehended by ERO are referred to the DOJ for an immigration hearing and/or prosecution. It is the responsibility of ICE to hold the illegals until the court date. Should ICE not have the available detention space, it is their decision to release the illegal with a future court date. The DOJ does not direct ICE to release illegals pending a court date, that is their (ICE) call.

Why are they referred to DOJ for immigration hearing and/or prosecution? Why aren't they just deported?

Originally Posted by Judy

Why are they referred to DOJ for immigration hearing and/or prosecution? Why aren't they just deported?

Before the "zero tolerance" policy, some were deported without a immigration hearing. That's assuming they weren't a reentry. Hell, it doesn't even seem like the reentries were being prosecuted under Obama. All the illegal had to do was decline the immigration hearing and accept a voluntary departure. According to our immigration law, any illegal that wants to fight their deportation is granted an immigration hearing.

If you have an issue with our immigration law, that's something you'll have to take up with our Congress critters.

Originally Posted by Judy

Because the US Congress gave DOJ judicial review authority over US immigration law.

This isn't immigration, this is an Invasion.

Originally Posted by MW

Before the "zero tolerance" policy, some were deported without a immigration hearing. That's assuming they weren't a reentry. Hell, it doesn't even seem like the reentries weren't being prosecuted under Obama. All the illegal had to do was decline the immigration hearing and accept a voluntary departure. According to our immigration law, any illegal that wants to fight their deportation is granted an immigration hearing.

If you have an issue with our immigration law, that's something you'll have to take up with our Congress critters.

Yes, I am taking it up with our Congresscritters, and as you well know have been posting for months that DOJ needs to be removed entirely from the process and the whole process be handled by DHS so DHS conducts their own reviews and issues their own deportations orders under US immigration law. If the person has broken some other law outside of immigration law that falls under federal authority, then they could refer to DOJ for a criminal prosecution of other than immigration violations. This way like it used to be before they changed the law and brought DOJ into it, INS issued the deportation orders and deported them. It's a 2 question deal, are you a US citizen, yes or no, if no, do you have valid unexpired documents to be in the US, if no and no, then out you go. There's no reason at all to bog down this process with DOJ attorneys who can't keep up.

Originally Posted by Judy

Yes, I am taking it up with our Congresscritters, and as you well know have been posting for months that DOJ needs to be removed entirely from the process and the whole process be handled by DHS so DHS conducts their own reviews and issues their own deportations orders under US immigration law. If the person has broken some other law outside of immigration law that falls under federal authority, then they could refer to DOJ for a criminal prosecution of other than immigration violations. This way like it used to be before they changed the law and brought DOJ into it, INS issued the deportation orders and deported them. It's a 2 question deal, are you a US citizen, yes or no, if no, do you have valid unexpired documents to be in the US, if no and no, then out you go. There's no reason at all to bog down this process with DOJ attorneys who can't keep up.

Actually I'm very happy with what AG Jeff Sessions is doing and trying to do. I would never trust amnesty supporter Kirstjen Nielsen to take the bull by the horns. Heck, I don't even trust her now. She is the one ignoring Trump's Executive Order to end catch & release. In my opinion, she's dragging her feet and not doing what is necessary to end the continuing catch & release policies of DHS. I honestly don't believe her "heart" is in it!

Originally Posted by MW

If you have an issue with our immigration law, that's something you'll have to take up with our Congress critters.

What we have here compares to---"It depends upon what the meaning of the word 'is' is."

Immigration Law----do people who invade a country fall under Immigration law?

Common sense tells me they do not.

When I invite someone to come into my home, I call them a visitor.

When someone breaks into my home, I do not call them a visitor.

Originally Posted by stoptheinvaders

This isn't immigration, this is an Invasion.

Yes, but it's an invasion of illegal aliens who are covered by immigration law instead of military law. Even under military law, they would have to be detained and processed if they surrender.

I support a militarized border with Mexico. I was the first one to call for it back in April, but people have to understand what that means. It means doing things differently than we do them now. It means Border Patrol goes off the border and the military goes on. It's not this "cooperative" thing where everyone is fighting and squabbling over who is in charge and what can and cannot be done. Our military has no authority on the other side of the border, so all of their activities will be on our side among our own population.

I think our military would do a great job, but everything would have to change which means removing DOJ completely from it, which I support, and limiting DHS to those who are already here or get through the militarized area into the interior at which point those are caught, promptly given deportation orders by DHS, handed off to the military for post haste removal and carried home in huge personnel carriers or navy carriers. No commercial flights, no "charity" shelters sucking US dry as a bone caring for illegal aliens waiting for hearings. DHS issues the deportation order within 24 hours of arrest and they're hauled out of here within 24 to 48 hours of the deportation order under military law, not immigration law. Military law might even require the foreign countries come get them, so we don't even have to take them out of here at our expense, I don't know how that works for POWs. But everything changes, and I support those changes.

Will it work? I don't know. Would it last? I don't know. Would Congress fund it? I don't know. Would Courts uphold it? I don't know.

What I do know is that every country on this planet lives off US aid and trade. Without it, they suffer in their own countries. So, I think we need a Plan B.

PLAN B:

Tell all these countries, if your citizens don't stop entering our country illegally, then your country will have no aid from or trade with the United States. Period.

It doesn't cost US anything, it saves US money. We don't need Congress to fund anything to do it. Courts have no jurisdiction over it.

If we would also couple that with a travel ban for certain high-violating countries especially ones with huge cartel operations, as well as a militarized border in certain locations for as long as it could last, then we might have a plan that works. But at the end of the day, the responsibility to stop the migration is not ours, it's the responsibility of the people of these nations who want to be allies and trade with US. How they solve the problem they're causing the United States is up to them, but until they solve it, we cut them off.