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How can border patrol cops decide what people wait years for actual judges to decide? I mean, maybe they can just have some of those rednecks who were trying to hold people in Arizona decide...
that is what training is for.
Quote:
Originally Posted by tinytrump
No quick answers - we have the US constitution that CBP swears to uphold - due process
they would be getting due process, they would get the hearing. nice try.
How can border patrol cops decide what people wait years for actual judges to decide? I mean, maybe they can just have some of those rednecks who were trying to hold people in Arizona decide...
not every asylum request reaches to an IJ judge.
Asylum officer is the one who makes the decision if the asylum request will move forward to an IJ judge.
In the 1896 case Wong Wing vs. US, the Supreme Court ruled that even an immigrant who had broken immigration law still had the right to make his case to a judge before being “deprived of life, liberty, or property.”
[A]ll persons within the territory of the United States are entitled to the protection guarantied by those amendments, and that even aliens shall not be held to answer for a capital or other infamous crime, unless on a presentment or indictment of a grand jury, nor be deprived of life, liberty, or property without due process of law.
The court decision establishes that the US Constitution’s Fifth and Sixth amendments—which grant the right to a public trial and prohibit detention without due legal process—extend to all people on US soil.
"The Trump administration wants to give Border Patrol agents authority to decide asylum claims on the spot rather than clogging the court system with the rapidly increasing claims".
an immigrant broken US law and subject for deportation (CIMT) is a lot different than international asylum law/agreement (1967 Protocal Relating to Status Refugee)
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