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Old 07-01-2022, 01:25 PM
 
23,177 posts, read 12,213,138 times
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Quote:
Originally Posted by johnwk1 View Post
Did you get time to read the RULING, especially Alito's dissent?



"Due to the huge numbers of aliens who attempt to enter illegally from Mexico, DHS does not have the capacity to detain all inadmissible aliens encountered at the border, and no one suggests that DHS must do the impossible. But rather than avail itself of Congress’s clear statutory alternative to return inadmissible aliens to Mexico while they await proceedings in this country, DHS has concluded that it may forgo that option altogether and instead simply re lease into this country untold numbers of aliens who are very likely to be removed if they show up for their removal hearings. This practice violates the clear terms of the law, but the Court looks the other way."

Keep in mind it was a 5-4 majority opinion.

What part of the law forbids release on bond or word for immigration violations prior to conviction? It's against the law to shoplift or drive drunk too but offenders are released all the time pending court date.

I don't think it's good policy to do so but it's not the court's business to determine what is good policy but whether an administration's policy is constitutional or not.
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Old 07-01-2022, 01:27 PM
 
Location: Long Island
32,816 posts, read 19,478,139 times
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Quote:
Originally Posted by FrankNSense View Post
In a 5-4 Decision the Supreme Court says that Biden can end the "Remain in Mexico" Policy.

Supreme Court says Biden can end Trump-era ‘Remain in Mexico’ immigration policy




Thougts?
well

I think, that the remain in Mexico, was wrong...why, because most of these are NOT coming from Mexico, and its unfair to say remain in Mexico, when they are not from Mexico...

it should be remain in your home country until your request has been vetted and approved
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Old 07-01-2022, 01:29 PM
 
Location: Richmond, VA
5,047 posts, read 6,346,699 times
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Quote:
Originally Posted by johnwk1 View Post
Did you get time to read the RULING, especially Alito's dissent?



"Due to the huge numbers of aliens who attempt to enter illegally from Mexico, DHS does not have the capacity to detain all inadmissible aliens encountered at the border, and no one suggests that DHS must do the impossible. But rather than avail itself of Congress’s clear statutory alternative to return inadmissible aliens to Mexico while they await proceedings in this country, DHS has concluded that it may forgo that option altogether and instead simply re lease into this country untold numbers of aliens who are very likely to be removed if they show up for their removal hearings. This practice violates the clear terms of the law, but the Court looks the other way."

Keep in mind it was a 5-4 majority opinion.
So was the Roe reversal. Bearing that in mind-do you somehow think being 5-4 makes it a weak ruling or more arguable? It’s still a ruling.
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Old 07-01-2022, 01:33 PM
 
Location: Annandale, VA
6,969 posts, read 2,701,111 times
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Quote:
Originally Posted by workingclasshero View Post
well

I think, that the remain in Mexico, was wrong...why, because most of these are NOT coming from Mexico, and its unfair to say remain in Mexico, when they are not from Mexico...

it should be remain in your home country until your request has been vetted and approved
They should remain in Mexico because that is the first "safe" country they entered after fleeing their alleged "persecution" in their home country. That is what the UN charter states. People don't get to choose what country they wish to claim asylum.
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Old 07-01-2022, 01:50 PM
 
3,403 posts, read 1,443,547 times
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Quote:
Originally Posted by oceangaia View Post
What part of the law forbids release on bond or word for immigration violations prior to conviction? It's against the law to shoplift or drive drunk too but offenders are released all the time pending court date.

I don't think it's good policy to do so but it's not the court's business to determine what is good policy but whether an administration's policy is constitutional or not.
I see you have not read Biden v Texas and the dissents therein.

"Congress offered the Executive two—and only two—alternatives to detention. First, if an alien is “arriving on land” from “a foreign territory contiguous to the United States,” the Department of Homeland Security (DHS) “may return the alien to that territory pending a [removal] proceeding.” §1225(b)(2)(C). Second, DHS may release individual aliens on “parole,” but “only on a case-by-case basis for urgent humanitarian reasons or a significant public benefit.” §1182(d)(5)(A)."

.
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Old 07-01-2022, 01:51 PM
 
Location: Sector 001
15,945 posts, read 12,282,765 times
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Quote:
Originally Posted by nng View Post
I kind of have to laugh. Conservatives thought they finally won when they got these people on the Supreme Court, looks like they didn't. Oh they'll overturn abortion but allow illegals to stream over the border. After all both dems and repubs don't care about people or the country only about power and money. Too bad. When are we going to realize voting is not going to change anything you have to save yourself no ones going to do that for you. This country is a joke and has been for a long time.
All men should heed this advice.
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Old 07-01-2022, 01:59 PM
 
23,177 posts, read 12,213,138 times
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Quote:
Originally Posted by johnwk1 View Post
I see you have not read Biden v Texas and the dissents therein.

"Congress offered the Executive two—and only two—alternatives to detention. First, if an alien is “arriving on land” from “a foreign territory contiguous to the United States,” the Department of Homeland Security (DHS) “may return the alien to that territory pending a [removal] proceeding.” §1225(b)(2)(C). Second, DHS may release individual aliens on “parole,” but “only on a case-by-case basis for urgent humanitarian reasons or a significant public benefit.” §1182(d)(5)(A)."

.

Their position will be they are releasing on parole for urgent humanitarian reasons. Now you can argue whether it is urgent or humanitarian. Also, a dissent is not an official court opinion and carries no weight.
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Old 07-01-2022, 02:04 PM
 
3,403 posts, read 1,443,547 times
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Quote:
Originally Posted by oceangaia View Post
Their position will be they are releasing on parole for urgent humanitarian reasons. Now you can argue whether it is urgent or humanitarian. Also, a dissent is not an official court opinion and carries no weight.
Alito continues:


"Due to the huge numbers of aliens who attempt to enter illegally from Mexico, DHS does not have the capacity to detain all inadmissible aliens encountered at the border, and no one suggests that DHS must do the impossible. But rather than avail itself of Congress’s clear statutory alternative to return inadmissible aliens to Mexico while they await proceedings in this country, DHS has concluded that it may forgo that option altogether and instead simply re lease into this country untold numbers of aliens who are very likely to be removed if they show up for their removal hearings. This practice violates the clear terms of the law, but the Court looks the other way."
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Old 07-01-2022, 02:07 PM
 
23,177 posts, read 12,213,138 times
Reputation: 29354
Quote:
Originally Posted by johnwk1 View Post
Alito continues:


"Due to the huge numbers of aliens who attempt to enter illegally from Mexico, DHS does not have the capacity to detain all inadmissible aliens encountered at the border, and no one suggests that DHS must do the impossible. But rather than avail itself of Congress’s clear statutory alternative to return inadmissible aliens to Mexico while they await proceedings in this country, DHS has concluded that it may forgo that option altogether and instead simply re lease into this country untold numbers of aliens who are very likely to be removed if they show up for their removal hearings. This practice violates the clear terms of the law, but the Court looks the other way."

Once again, a "dissent" carries no weight of law and is not a binding opinion on anyone.
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Old 07-01-2022, 02:12 PM
 
3,403 posts, read 1,443,547 times
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Quote:
Originally Posted by oceangaia View Post
Once again, a "dissent" carries no weight of law and is not a binding opinion on anyone.
In case you missed it, we are talking about what statutory law provides. Stop being obtuse!


"Congress offered the Executive two—and only two—alternatives to detention. First, if an alien is “arriving on land” from “a foreign territory contiguous to the United States,” the Department of Homeland Security (DHS) “may return the alien to that territory pending a [removal] proceeding.” §1225(b)(2)(C). Second, DHS may release individual aliens on “parole,” but “only on a case-by-case basis for urgent humanitarian reasons or a significant public benefit.” §1182(d)(5)(A).

Due to the huge numbers of aliens who attempt to enter illegally from Mexico, DHS does not have the capacity to detain all inadmissible aliens encountered at the border, and no one suggests that DHS must do the impossible. But rather than avail itself of Congress’s clear statutory alternative to return inadmissible aliens to Mexico while they await proceedings in this country, DHS has concluded that it may forgo that option altogether and instead simply re lease into this country untold numbers of aliens who are very likely to be removed if they show up for their removal hearings. This practice violates the clear terms of the law, but the Court looks the other way.


.
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