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Old 04-09-2019, 07:51 AM
 
Location: Minneapolis, MN
6,309 posts, read 12,617,191 times
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Quote:
Originally Posted by TheMoreYouKnow View Post
Which US law says that we can't turn away asylum seekers or delay their application for asylum based on capacity?
To answer your question, that would be 8 U.S. Code ß 1158. Asylum

 
Old 04-09-2019, 08:05 AM
 
Location: In your head, rent free
14,043 posts, read 7,570,586 times
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Quote:
Originally Posted by Cruz Azul Guy View Post
To answer your question, that would be 8 U.S. Code ß 1158. Asylum
https://www.law.cornell.edu/uscode/text/8/1158

Quote:
(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 alienís 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 alienís nationality or, in the case of an alien having no nationality, the country of the alienís last habitual residence) in which the alienís 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 alienís 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 applicantís 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).
That seems to give our government a lot of leeway when dealing with overcrowding or special circumstances like when a caravan of people walks 3000 miles across a safe country that is offering them safety & shelter only to arrive at our border well fed and carrying cell phone while demanding entry.
 
Old 04-09-2019, 09:20 AM
 
Location: Minneapolis, MN
6,309 posts, read 12,617,191 times
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Quote:
Originally Posted by TheMoreYouKnow View Post
https://www.law.cornell.edu/uscode/text/8/1158



That seems to give our government a lot of leeway when dealing with overcrowding or special circumstances like when a caravan of people walks 3000 miles across a safe country that is offering them safety & shelter only to arrive at our border well fed and carrying cell phone while demanding entry.
The law clearly states that any alien physically present in the U.S. or who arrives to the U.S. may apply for asylum.

This would be the law that reportedly Trump instructed Ms. Nielsen to violate.
 
Old 04-09-2019, 09:26 AM
 
Location: In your head, rent free
14,043 posts, read 7,570,586 times
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Quote:
Originally Posted by Cruz Azul Guy View Post
The law clearly states that any alien physically present in the U.S. or who arrives to the U.S. may apply for asylum.

This would be the law that reportedly Trump instructed Ms. Nielsen to violate.
There's a lot more to the law then that. Are you reading the entire block?
 
Old 04-09-2019, 09:41 AM
 
Location: California
4,521 posts, read 5,412,421 times
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Quote:
Originally Posted by TreeBeard View Post
Trumpers have to choose. Do they want a dictator or a president?
President Trump is well, according to the election, President of the United States of America.

If the gossip about him calling Nielsen at home is true, so what? I had a boss who would drop work off at my house on the weekends for me, it was part of a well paid job. Also, he is her boss and if she isn't doing her job then he should remind her to do her job until someone with a backbone will stand up for the taxpaying citizens of the U.S.. We need to support our President because the lack of action by that prior child in the White House resulted in devastation for our working citizens. Actions based soley on biased Affirmative Action result only the U.S. becoming a growing third world dump which destroys the fabric of our decent society.
 
Old 04-09-2019, 10:50 PM
 
Location: Minneapolis, MN
6,309 posts, read 12,617,191 times
Reputation: 2894
Quote:
Originally Posted by Heidi60 View Post
President Trump is well, according to the election, President of the United States of America.

If the gossip about him calling Nielsen at home is true, so what? I had a boss who would drop work off at my house on the weekends for me, it was part of a well paid job. Also, he is her boss and if she isn't doing her job then he should remind her to do her job until someone with a backbone will stand up for the taxpaying citizens of the U.S.. We need to support our President because the lack of action by that prior child in the White House resulted in devastation for our working citizens. Actions based soley on biased Affirmative Action result only the U.S. becoming a growing third world dump which destroys the fabric of our decent society.
Did your boss also instruct you to violate the law? That would be the part that is concerning...not the part about calling her at home in the morning.
 
Old 04-10-2019, 10:21 AM
 
Location: Northwest Peninsula
3,144 posts, read 1,556,887 times
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Quote:
Originally Posted by Elliott_CA View Post
Trump reportedly asked Nielsen to turn away asylum seekers away at the border. That is a violation of federal law. You can't "enforce the law" by breaking another law. In America it just doesn't work that way, sorry.

Eh...obviously you never heard of states, cities enforcing sanctuary status laws and thus breaking federal law. How about breaking federal drug laws by not enforcing drug laws.
 
Old 04-10-2019, 10:38 AM
 
5,805 posts, read 4,473,533 times
Reputation: 6423
Presidents don’t have to enforce laws they dont like. See Obama, DACA and marijuana laws.
 
Old 04-10-2019, 10:53 AM
 
9,179 posts, read 2,217,746 times
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Quote:
Originally Posted by rantiquity View Post
Since when is enforcing immigration law a crime?
Disingenuous.


The point is Trump wants our public servants to break the law. There is no option for them to do that, once you allow it, the republic will fall.
 
Old 04-10-2019, 10:58 AM
 
Location: Minneapolis, MN
6,309 posts, read 12,617,191 times
Reputation: 2894
To me I think this ties into the central argument of the illegal immigration debate, which is the legality aspect of it....the rule of law so to speak.

We have a sitting president who has a problem with respecting the law when it inconveniences him and so if you defend that than it seems like a contradiction to turn around and be enraged at people who enter the country illegally or who overstay their visas because the U.S. immigration laws inconvenience them. What am I missing here?
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