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originally posted by: chris_stibrany
What is unconstitutional about tightening asylum law? Especially if it is done by the AG?
No. It's the same story. Because the law says it doesn't matter where one crosses the border.
Now if they crossed anywhere but a U.S./Mexico port of entry, that's another story.
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.
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originally posted by: Phage
a reply to: usernameconspiracy
No. It's the same story. Because the law says it doesn't matter where one crosses the border.
Now if they crossed anywhere but a U.S./Mexico port of entry, that's another story.
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...
(3) Limitation on judicial review
No court shall have jurisdiction to review any determination of the Attorney General under paragraph (2).
Yeah. If it applies to the exceptions of paragraph 2. This doesn't.
The law also says judicial review of designations are a no go for the courts.
But it does not allow the AG to prohibit application for asylum or the legal process of determination of status, because that is a matter of law.
1158 allows the AG to determine by regulation (NOT law) what other offenses that would make a person seeking asylum / refugee status denied / deportable.
Section 1227 does not address asylum requests.
8 USC 1227 - Deportable Aliens - This section lays out under what criteria they can be denied / deported.
That is not what the law says.
Illegally entering the US makes ones request for asylum (outside of a port of entry) invalid.
originally posted by: Phage
Yeah. If it applies to the exceptions of paragraph 2. This doesn't.
originally posted by: Phage
But it does not allow the AG to prohibit application for asylum or the legal process of determination of status, because that is a matter of law.
originally posted by: Phage
Section 1227 does not address asylum requests.
(1) Inadmissible at time of entry or of adjustment of status or violates status
(A) Inadmissible aliens
Any alien who at the time of entry or adjustment of status was within one or more of the classes of aliens inadmissible by the law existing at such time is deportable.
(B) Present in violation of law
Any alien who is present in the United States in violation of this chapter or any other law of the United States, or whose nonimmigrant visa (or other documentation authorizing admission into the United States as a nonimmigrant) has been revoked under section 1201(i) of this title, is deportable.
originally posted by: Phage
That is not what the law says.
Asylum law says that any person can apply for asylum regardless of their legal status or where they enter the country.
Apparently it is - First section of 8 USC 1227. Trying to play the semantics game on this one wont work. 8 USC 1158/8 USC 1227 are linked and the laws rely on each other.
The other section you are ignoring is where it states a credibility review is done.
(III) Review of determination
The Attorney General shall provide by regulation and upon the alien’s request for prompt review by an immigration judge of a determination under subclause (I) that the alien does not have a credible fear of persecution. Such review shall include an opportunity for the alien to be heard and questioned by the immigration judge, either in person or by telephonic or video connection. Review shall be concluded as expeditiously as possible, to the maximum extent practicable within 24 hours, but in no case later than 7 days after the date of the determination under subclause (I).
(IV) Mandatory detention
Any alien subject to the procedures under this clause shall be detained pending a final determination of credible fear of persecution and, if found not to have such a fear, until removed.
(a) Improper time or place; avoidance of examination or inspection; misrepresentation and concealment of facts
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.
(b) Improper time or place; civil penaltiesAny alien who is apprehended while entering (or attempting to enter) the United States at a time or place other than as designated by immigration officers shall be subject to a civil penalty of—
(1) at least $50 and not more than $250 for each such entry (or attempted entry); or
(2) twice the amount specified in paragraph (1) in the case of an alien who has been previously subject to a civil penalty under this subsection.
Civil penalties under this subsection are in addition to, and not in lieu of, any criminal or other civil penalties that may be imposed.
(c) Marriage fraud
Any individual who knowingly enters into a marriage for the purpose of evading any provision of the immigration laws shall be imprisoned for not more than 5 years, or fined not more than $250,000, or both.
(d) Immigration-related entrepreneurship fraud
Any individual who knowingly establishes a commercial enterprise for the purpose of evading any provision of the immigration laws shall be imprisoned for not more than 5 years, fined in accordance with title 18, or both.
(June 27, 1952, ch. 477, title II, ch. 8, § 275, 66 Stat. 229; Pub. L. 99–639, § 2(d), Nov. 10, 1986, 100 Stat. 3542; Pub. L. 101–649, title I, § 121(b)(3), title V, § 543(b)(2), Nov. 29, 1990, 104 Stat. 4994, 5059; Pub. L. 102–232, title III, § 306(c)(3), Dec. 12, 1991, 105 Stat. 1752; Pub. L. 104–208, div. C, title I, § 105(a), Sept. 30, 1996, 110 Stat. 3009–556.)
Right. But the law says that an asylum applicant whose claim of credible fear has been denied by an asylum officer (under expedited removal) can request a hearing before an immigration judge. They are to be detained (not deported) until a final determination has been made.
Deportees are not required to appear before a judge. Immigration courts are not a part of the judicial branch.
originally posted by: Phage
a reply to: Xcathdra
Muslin is a type of fabric.
It took how many tries for the admin to finally get that right? Three?
But the thing is, that was a question of presidential authority on a specific matter. One which was not covered by specific law, passed by Congress.