Locked and Loaded on the Border...

You are all arguing semantics. Just one question "all the "people" in Mexico what is their political status in Mexico"? If they are refugees then they have a responsibility to apply for asylum in Mexico. As per the UN rights of refugees. The USA IS part of the UN isn't it?
The same as the people in Europe, I will give you the same answer and put it in capitals so you get it. THESE PEOPLE ARE NOT REFUGEES THEY ARE MIGRANTS. And as migrants they have NO rights to anything. Do you get that NO RIGHTS.

a reply to: crayzeed

If they are refugees then they have a responsibility to apply for asylum in Mexico. As per the UN rights of refugees. The USA IS part of the UN isn't it?

Yes.
Can you cite what you are talking about "as per the UN rights of refugees?"

a reply to: TheRedneck

The asylum process was fairly orderly until now.

Nothing has changed. Trump's attempt to change things was blocked by the judge.

The Immigration and Naturalization Act (“INA”) “ deals with one of the oldest and most important themes in our Nation’s history: welcoming homeless refugees to our shores , ” and it “ give [s] statutory meaning to our national commitment to human rights and humanitarian concerns .” 125 Cong. Rec. 23231 - 32 (Sept. 6, 1979) . As part of that commitment, Congress has clearly commanded in the INA that any alien who arrives in the United States, irrespective of that alien’s status, may apply for asylum – “whether or not at a designated port of arrival.” 8 U.S.C. § 1158(a)(1).

Notwithstanding this clear command, the President has issued a proclamation, and the Attorney General and the Department of Homeland Security have promulgated a rule, that allow asylum to be granted only to those who cross at a designated port of entry and deny asylum to those who enter at any other location along the southern border of the United States.

assets.documentcloud.org...

originally posted by: rollanotherone
a reply to: TheRedneck

Thank you very much for this thread. It was like watching Shaq one on one with a 7 year old handicapped child.

He has made fun of a handicapped kid in a twitter post. Shaq suxs.

originally posted by: Phage
a reply to: TheRedneck

This order will transform a now orderly asylum process into the previous disorderly rush to cross the border.

You know that it was Trump who tried make a new law, right?

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.

www.law.cornell.edu...

Tell me again, who makes the law in this country?

The guy with a pen and a phone was quite good at it.

a reply to: Phage

I doubt Many in this so called " Caravan " in Tijuana at the moment have the Prerequisites to even begin the Asylum Process . The President has the Authority to Demand that the Present Immigration Laws be Enforced regardless of what a District Court May or May not say on the matter . He is addressing it simply as a Threat to our National Security .

a reply to: Zanti Misfit

I doubt Many in this so called " Caravan " in Tijuana at the moment have the Prerequisites to even begin the Asylum Process .

Not your job to decide.

The President has the Authority to Demand that the Present Immigration Laws be Enforced regardless of what a District Court May or May not say on the matter .

He is also required to follow those laws. His proclamation is in direct conflict with this law:

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.

www.law.cornell.edu...

Whatever the scope of the President’s authority, he may not rewrite the immigration laws to impose a condition that Congress has expressly forbidden. Defendants’ claims that the rule can somehow be harmonized with the INA are not persuasive.

assets.documentcloud.org...

a reply to: Phage

" Not your job to decide. "


Yes , just stating a Fact .


" He is also required to follow those laws. His proclamation is in direct conflict with this law "


Any Direct Threat to the Borders of the United States are at the Presidents discretion to Address according to the Authority of the Office .

a reply to: Zanti Misfit

Any Direct Threat to the Borders of the United States are at the Presidents discretion to Address according to the Authority of the Office .

Please provide a source which suggests that the president has the authority to issue orders which contradict the law.

a reply to: Phage

His Power to Declare Martial Law if Deemed Necessary .

a reply to: Zanti Misfit

Let me know when he does so.

The sky was blue today

No it wasn't - Fage

a reply to: Phage

It is a Distinct Possibility in the not to Distant Future .Stand By ......

a reply to: Zanti Misfit

Swell.

In the meantime, his order is a no go.

originally posted by: Zanti Misfit
a reply to: Phage

His Power to Declare Martial Law if Deemed Necessary .

Would you cheer for him if he did?

a reply to: Phage

Please provide a source which suggests that the president has the authority to issue orders which contradict the law.

Please quote the law in which he is issuing orders which contradict it.

Oh, wait, you tried that. And failed. Just a few pages back. The granting of asylum is by law under the direct supervision and at the discretion of the Attorney General and Secretary of Homeland Security, who both are under the direct supervision of the President, the 14th Amendment does not apply, and neither does the 5th. Nevermind..

TheRedneck

a reply to: TheRedneck

Please quote the law in which he is issuing orders which contradict it.

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.

www.law.cornell.edu...

The granting of asylum is by law under the direct supervision and at the discretion of the Attorney General and Secretary of Homeland Security

Yes. But the law says that anyone can apply for asylum within the United States.

the 14th Amendment does not apply, and neither does the 5th.

Incorrect. The two are inextricably bound. Any person in the US is entitled to due process.

Under the doctrine of "reverse incorporation," the principles of equal protection bind the federal government even though the Equal Protection Clause by its terms is addressed only to states.

papers.ssrn.com...

Imagine this thread was about gun laws, and how Obama passed an executive order that is in contradiction with the law - would the same arguments here apply? Methinks not.

originally posted by: 3n19m470
The immigrants of past time were adventurous courageous heroes who came here when the US was mostly a wilderness and they came here and built everything.

Might wanna run that one past the First Nations...LOL!

originally posted by: hopenotfeariswhatweneed

originally posted by: Zanti Misfit
a reply to: Phage

His Power to Declare Martial Law if Deemed Necessary .

Would you cheer for him if he did?

If it was Necessary , Yes .