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Locked and Loaded on the Border...

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posted on Nov, 28 2018 @ 05:52 AM
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a reply to: Spiramirabilis


I've read all your posts. You pretty much count on people not being able to wade through it all

Sorry, but the law cannot be boiled down to a 1st grade reading level. If someone wants to understand the law, they have to read.


So, how did this judge ignore: constitutional authority?

8 U.S.C. § 1325(a) (repeated for your amusement):

Any alien who (1) enters or attempts to enter the United States at any time or place other than as designated by immigration officers, or (2) eludes examination or inspection by immigration officers, or (3) attempts to enter or obtains entry to the United States by a willfully false or misleading representation or the willful concealment of a material fact, shall, for the first commission of any such offense, be fined under title 18 or imprisoned not more than 6 months, or both, and, for a subsequent commission of any such offense, be fined under title 18, or imprisoned not more than 2 years, or both.

That is the law. It was passed by the US Congress and signed into law by the President on June 27, 1952. Entry at any point not designated by immigration officials is illegal. Immigration officials have designated ports of entry to be the only acceptable location for entry, in compliance with President Trump's Executive Order.

Judge Tigar just declared a law passed by Congress void. He is in violation of Article I, Section I of the Constitution of the United States of America, wherein all authority to pass law is granted solely to the United States Congress.

President Trump's activities have been in compliance with the laws passed by the United States Congress. He is, as Chief Executive, able to exercise authority over the executive departments, including CBP and ICE, in compliance with the law.

Now, what part of that are you having trouble with? Let me guess... the part about President Trump being President?

TheRedneck




posted on Nov, 28 2018 @ 03:46 PM
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a reply to: TheRedneck

Yeah the judge also missed this in 8 USC 1158 - Asylum.


(a) Authority to apply for asylum
(1) In general

Any alien who is physically present in the United States or who arrives in the United States (whether or not at a designated port of arrival and including an alien who is brought to the United States after having been interdicted in international or United States waters), irrespective of such alien’s status, may apply for asylum in accordance with this section or, where applicable, section 1225(b) of this title.
(2) Exceptions
(A) Safe third country

Paragraph (1) shall not apply to an alien if the Attorney General determines that the alien may be removed, pursuant to a bilateral or multilateral agreement, to a country (other than the country of the alien’s nationality or, in the case of an alien having no nationality, the country of the alien’s last habitual residence) in which the alien’s life or freedom would not be threatened on account of race, religion, nationality, membership in a particular social group, or political opinion, and where the alien would have access to a full and fair procedure for determining a claim to asylum or equivalent temporary protection, unless the Attorney General finds that it is in the public interest for the alien to receive asylum in the United States.

(B) Time limit

Subject to subparagraph (D), paragraph (1) shall not apply to an alien unless the alien demonstrates by clear and convincing evidence that the application has been filed within 1 year after the date of the alien’s arrival in the United States.

(C) Previous asylum applications

Subject to subparagraph (D), paragraph (1) shall not apply to an alien if the alien has previously applied for asylum and had such application denied.
(D) Changed circumstances

An application for asylum of an alien may be considered, notwithstanding subparagraphs (B) and (C), if the alien demonstrates to the satisfaction of the Attorney General either the existence of changed circumstances which materially affect the applicant’s eligibility for asylum or extraordinary circumstances relating to the delay in filing an application within the period specified in subparagraph (B).
(E) Applicability

Subparagraphs (A) and (B) shall not apply to an unaccompanied alienchild (as defined in section 279(g) of title 6).

(3) Limitation on judicial review

No court shall have jurisdiction to review any determination of the Attorney General under paragraph (2)

edit on 28-11-2018 by Xcathdra because: (no reason given)



posted on Nov, 29 2018 @ 11:55 AM
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a reply to: TheRedneck

Kinda funny how long this took




Judge Tigar just declared a law passed by Congress void. He is in violation of Article I, Section I of the Constitution of the United States of America, wherein all authority to pass law is granted solely to the United States Congress.


Or he's upholding a law passed by Congress. Ahem:

“Whatever the scope of the president’s authority, he may not rewrite the immigration laws to impose a condition that Congress has expressly forbidden,” Mr. Tigar wrote in his order.


Anyhow - we're talking about asylum here:


But Tigar sided with legal groups who sued hours after the proclamation was issued. The groups argued that federal law unambiguously says immigrants in the United States can request asylum regardless of whether they entered the country lawfully


The federal asylum statute specifically says that anyone who arrives in the United States “whether or not at a designated port of arrival…may apply for asylum.”

This move is illegal because under U.S. law, people present in the United States after crossing the border may apply for asylum. The Refugee Convention also protects refugees from penalties due to illegal entry or presence. These legal protections recognize that people fleeing violence and persecution often have little choice but to cross borders to seek asylum.


President Trump's activities have been in compliance with the laws passed by the United States Congress. He is, as Chief Executive, able to exercise authority over the executive departments, including CBP and ICE, in compliance with the law.

But he is not king. He has to play by the rules like everyone else:

The Justice Department filed a notice Tuesday saying it will appeal the order to the ninth US circuit court of appeals. It also asked the judge to stay his order pending the appeal.



Now, what part of that are you having trouble with? Let me guess... the part about President Trump being President?

Goes without saying really

This is how we do things in this country. We work it out in court. Trump may well win his case, but he doesn't get to do it for free. People's rights are on the line, and it's worth it (for all of us) to have these discussions, and fight these battles. I t will be interesting to see which way this goes

Now - how did Judge Tigar ignore constitutional authority?

:-)



posted on Nov, 29 2018 @ 12:02 PM
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a reply to: Spiramirabilis

I'll answer that as soon as you answer this one:

How did Trump's Executive Order deny the ability to apply for asylum?

:-)

TheRedneck



posted on Nov, 29 2018 @ 12:10 PM
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a reply to: TheRedneck

Asylum Seekers Being Turned Away No Matter Where They Cross the Border

The move is legally questionable, and civil rights groups quickly sued to stop it. On Monday night, a federal judge issued a temporary nationwide restraining order barring enforcement of the new policy, saying it likely violated federal law. The federal asylum statute specifically says that anyone who arrives in the United States “whether or not at a designated port of arrival…may apply for asylum.” The president’s proclamation attempts to use another provision of immigration law to override this requirement—the same section he used to ban most citizens of five Muslim-majority countries from entering the United States. The temporary restraining order will remain in effect until Dec. 19, when the court will hear arguments for and against a permanent order.

The proclamation states that the prospect of members of large caravans of migrants entering illegally between ports of entry “is contrary to the national interest,” and “puts lives of both law enforcement and aliens at risk. By contrast, entry at ports of entry at the southern border allows for orderly processing.”

But even as it tells asylum-seekers they must go to a port of entry, the Trump administration has been turning them away from these very same ports for months, claiming that they are “at capacity.” According to both immigration lawyers and a report from the Inspector General for the Department of Homeland Security (DHS), this has led some migrants to attempt crossing unlawfully.


__________________________

Also:

The US has made migrants at the border wait months to apply for asylum. Now the dam is breaking. By limiting the number of asylum seekers allowed to come legally, Trump made his own immigration crisis.


Before 2016, and in some cases as recently as six months ago, they would have had no problem and no delay. But for the last several months, the Trump administration has made a practice of limiting the number of asylum seekers allowed to enter the US each day — a policy it calls “metering.” It’s the counterpart of the Trump administration’s months-long crackdown on asylum seekers entering the US illegally — telling those who do try to come legally that there’s no room for them, and ordering them to wait.


Which of course was the point all along



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