Families Belong Together - Illogical Nationwide Protests on June 30th 2018.

originally posted by: carewemust
One good thing about the protests, is that they should push Congress to take action on Immigration reform. That action will not be what the protestors want, but they are helping to get action taken.

You really think so?

Each side sees those protests and sees a bunch of angry votes come November on both sides of the issue. One side thinks they'll elect people who will abolish borders, and the other is voting against the people promising that.

The actual problem will *never* get fixed. If it did, then neither side has a campaign issue.

originally posted by: Sookiechacha
a reply to: 10uoutlaw

read its been a problem for years .

Do you think that asylum seekers are a problem?

They are when they don't follow the law for claiming asylum. They are supposed to present themselves at a legal port of entry and claim asylum there. They are not supposed to come traipsing across the desert in the middle of nowhere and only claim asylum when caught. Neither are they supposed to pay a coyote to smuggle them and only claim asylum when caught.

This is a known loophole in our immigration law that illegals of all kinds exploit to their advantage.

a reply to: ketsuko

They are not supposed to come traipsing across the desert in the middle of nowhere and only claim asylum when caught.

Actually they are, or should be, allowed to do exactly that. Not sure that's what's happening though.

Defensive Asylum: A person who is in removal proceedings may apply for asylum defensively by filing the application with an immigration judge at the Executive Office for Immigration Review (EOIR) in the Department of Justice. In other words, asylum is applied for “as a defense against removal from the U.S.” Unlike the criminal court system, EOIR does not provide appointed counsel for individuals in immigration court, even if they are unable to retain an attorney on their own.

www.americanimmigrationcouncil.org...

I think there is broad support for immigration reform though. Republicans run the House. Republicans run the Senate. The president is a Republican. Easy peasy. Like health care.

a reply to: ketsuko

They are when they don't follow the law for claiming asylum. They are supposed to present themselves at a legal port of entry and claim asylum there.

Whelp, when they are illegally turned away at ports of entry, they're forced to cross in between ports of entry.

www.newsweek.com...
immigrationimpact.com...
theintercept.com...

Affirmative Asylum Processing With USCIS
To obtain asylum through the affirmative asylum process you must be physically present in the United States. You may apply for asylum status regardless of how you arrived in the United States or your current immigration status.

www.uscis.gov...

a reply to: Sookiechacha

Can't apply for asylum unless you're in the country. Can't legally enter the county, too bad.

Catch 22. That's a hell of a catch.

a reply to: carewemust

I just wanted to say with the patience of a saint
F@&$ activists and Robert De Nero! Criminal families only belong together in mexico. And
only in prison in the United States of America!

PERIOD

a reply to: randyvs

Criminal families only belong together in mexico.

Or in the White House!

a reply to: Sookiechacha

Funny you say that on the rare occasion the
the people had a choice and voted in a non
criminal family. Do you vote by braile at any
chance. Or just another way off and out there
liberal wack job?

a reply to: Sookiechacha

Actually, the existing law say that asylum seekers must be on US soil to apply, and that they are not to be charged with the crime of illegal entry unless their claim is found fraudulent. There's an international treaty whose protocols have been incorporated in US refugee/asylum laws.

That's not possible. Laws don't work that way.

If someone crosses the border illegally, they are allowed, as a defense against their crime, to request asylum. If the request is granted, they are released and allowed to go on their way. If it is denied, they are still guilty of an illegal border crossing. There is usually a sentence of time served and a small fine (which they cannot pay), and they are deported.

One cannot drop all charges because a defense is presented and then reinstate charges if the defense is denied. It just don't work that way. The charges remain until the case is resolved.

TheRedneck

a reply to: TheRedneck

And, since being a victim of gang violence (or some other bad things) doesn't seem to be deemed grounds for asylum any more (policy thing), there's no point in trying. So, adios! We'll let you know when we find your kid.

a reply to: randyvs


LOL Lots of criminal crime families have occupied the White House.

a reply to: TheRedneck

That's not possible. Laws don't work that way.

May I introduce you to the 14th Amendment and something called Due Process? www.pbs.org...

According to both US and International Law, asylum seekers are not supposed to be charged with a crime.

the 1951 Convention relating to the Status of Refugees: Non-penalization, Detention and Protection

Article 31 of the 1951 Convention relating to the Status of Refugees provides as follows:
1. The Contracting States shall not impose penalties, on account of their illegal entry or presence, on refugees who, coming directly from a territory where their life or freedom was threatened in the sense of Article 1, enter or are present in their territory without authorization, provided they present themselves without delay to the authorities and show good cause for their illegal entry or presence.

www.unhcr.org...

The USA is a "contracting state" and has actually incorporated the protocols of the 1951 Convention relating to the Status of Refugees: Non-penalization, Detention and Protection

Reading material: www.humanrightsfirst.org...

If someone crosses the border illegally, they are allowed, as a defense against their crime, to request asylum.

There are two types of assylum, affirmative asylum and deffensive assylum. www.uscis.gov...

Families who cross into the USA between points of entry turn themselves in and claim asylum at that time. That is defensive asylum.

Affirmative Asylum Processing With USCIS
To obtain asylum through the affirmative asylum process you must be physically present in the United States. You may apply for asylum status regardless of how you arrived in the United States or your current immigration status.

Defensive Asylum Processing with EOIR
A defensive application for asylum occurs when you request asylum as a defense against removal from the U.S. For asylum processing to be defensive, you must be in removal proceedings in immigration court with the Executive Office for Immigration Review (EOIR).

www.uscis.gov...

a reply to: Sookiechacha

Very true Clintons are among them.

a reply to: randyvs


The Bushes, who gave us 911 and the Patriot Act.

a reply to: Phage

Being a victim of gang violence never was an excuse for asylum. Asylum requires government prosecution for a multitude of things on the basis of discrimination.

We have large sections of the US that are victimized by gang violence... much of it via MS-13 gang members that cross the border illegally.

TheRedneck

a reply to: Sookiechacha

Read your excerpt again. Nowhere does it mention charging a person with the crime of illegal entry. It only says a person shall not have penalties imposed upon them. Which is what happens if they are granted asylum.

TheRedneck

a reply to: TheRedneck

Nowhere does it mention charging a person with the crime of illegal entry.

Isn't charging someone with a crime, arresting and jailing them a "penalty"?

1. The Contracting States shall not impose penalties, on account of their illegal entry or presence, on refugees who, coming directly from a territory where their life or freedom was threatened in the sense of Article 1, enter or are present in their territory without authorization, provided they present themselves without delay to the authorities and show good cause for their illegal entry or presence.

a reply to: TheRedneck

Being a victim of gang violence never was an excuse for asylum.

I know you think that the administration has no choice. No room for discretion. Except when it does. What's the excuse for smoking pot and not being busted by the feds?

We've been there. Done that.

a reply to: Sookiechacha

Isn't charging someone with a crime, arresting and jailing them a "penalty"?

Not legally, no. A penalty is a sentence, in the case of illegal crossing, a small fine, time served, and deportation.

TheRedneck

a reply to: Phage

I know you think that the administration has no choice.

Not when it comes to enforcing or ignoring laws, no they don't.

Besides, the decision on whether or not to grant asylum has nothing whatsoever to do with Trump or his administration. That is Judicial. You know, that separation of powers thingy?

TheRedneck