Smedley_buzkill

Ah yes, Richard Seeborg. Nominated by Obama, and confirmed by a Democrat majority Senate. Another left wing darling who has either never heard of Reid v Covert 1956, or chooses to ignore it.
This bastard is worried about the poor refugees facing "undue risk to their lives and freedom" but is doing his best to make sure that US citizens face it.

permafrost Loc: Minnesota

The laws were both of United States and international orign..

However, I think this is the latest development in the case..

https://www.npr.org/2019/05/08/721293828/appeals-court-rules-trump-administration-can-keep-sending-asylum-seekers-to-mexi

A federal appeals court has ruled that the Trump administration may continue requiring asylum-seekers to remain in Mexico as they await court proceedings in the United States. It might be seen as a victory for Trump, though a temporary one.

A three-judge panel of the Ninth Circuit Court of Appeals overturned a lower court's injunction on the administration's policy officially known as the Migration Protection Protocols. The policy, better known as "Remain in Mexico," was first announced in a December 2018 memo by former Secretary of Homeland Security Kirstjen Nielsen.

"Aliens trying to game the system to get into our country illegally will no longer be able to disappear into the United States, where many skip their court dates. Instead, they will wait for an immigration court decision while they are in Mexico," Nielsen wrote.

A lower court in San Francisco must still rule on merits of the case, which may end up before the Supreme Court. President Trump has routinely criticized the Ninth Circuit, but with the recent confirmation of his appointees, the court has a larger conservative wing.


risk to life and freedom in Mexico.. raciest... no.. a fact of life..

permafrost Loc: Minnesota

Michelle Obama was not a trial lawyer..


Michelle Obama was born in 1964 in Chicago, Illinois. She attended Princeton University, graduating cum laude in 1985, and went on to earn a degree from Harvard Law School in 1988.

Following her graduation from Harvard, she worked at a Chicago law firm, where she met her husband, future U.S. president Barack Obama. The couple married on October 3, 1992. As first lady, she focused her attention on social issues such as poverty, healthy living and education.

By the sixth grade, Michelle was taking classes in her school's gifted program, where she learned French and completed accelerated courses in biology. She went on to attend Whitney M. Young Magnet High School, the city's first magnet high school for gifted children, where, among other activities, she served as the student government treasurer. In 1981, Michelle graduated from the school as class salutatorian.

Following in her older brother's footsteps, Michelle then attended Princeton University, graduating cum laude in 1985 with a B.A. in Sociology. She went on to study law at Harvard Law School, where she took part in demonstrations calling for the enrollment and hiring of more minority students and professors. She was awarded her J.D. in 1988.

After law school, Michelle worked as an associate in the Chicago branch of the firm Sidley Austin, in the area of marketing and intellectual property. It was there, in 1989, that she met her future husband, Barack Obama, a summer intern to whom she was assigned as an adviser.

In 1991, Michelle decided to leave corporate law and pursue a career in public service, working as an assistant to Mayor Richard Daley and then as the assistant commissioner of planning and development for the City of Chicago.

In 1993, she became executive director for the Chicago office of Public Allies, a nonprofit leadership-training program that helped young adults develop sk**ls for future careers in the public sector.

In 1996, Michelle joined the University of Chicago as associate dean of student services, developing the school’s first community-service program. Beginning in 2002, she worked for the University of Chicago Hospitals, as executive director of community relations and external affairs.

In May 2005, Michelle was appointed vice president for community and external affairs at the University of Chicago Medical Center, where she continued to work part-time until shortly before her husband's inauguration as president. She also served as a board member for the prestigious Chicago Council on Global Affairs.

JoyV

Note that the headline is not what in the story. The headline repeats the "sending asylum seekers to Mexico" while the story admits it is a case of not allowing them to enter.

But I repeat. What laws? Especially, what US laws?

permafrost Loc: Minnesota

Good morning Joy,,,

https://www.americanimmigrationcouncil.org/research/asylum-united-states

What Is Asylum?
Asylum is a protection granted to foreign nationals already in the United States or at the border who meet the international law definition of a “refugee.” The United Nations 1951 Convention and 1967 Protocol define a refugee as a person who is unable or unwilling to return to his or her home country, and cannot obtain protection in that country, due to past persecution or a well-founded fear of being persecuted in the future “on account of race, religion, nationality, membership in a particular social group, or political opinion.” Congress incorporated this definition into U.S. i*********n l*w in the Refugee Act of 1980.

As a signatory to the 1967 Protocol, and through U.S. i*********n l*w, the United States has legal obligations to provide protection to those who qualify as refugees. The Refugee Act established two paths to obtain refugee status—either from abroad as a resettled refugee or in the United States as an asylum seeker.

What Happens to Asylum Seekers While Their Application Is Processed?
Asylum seekers include some of the most vulnerable members of society—children, single mothers, victims of domestic violence or torture, and other individuals who have suffered persecution and trauma. Some of these individuals may live in the United States while their application is processed, yet the government has detained others—including children and families—for some or all of this time.

While U.S. law provides arriving asylum seekers the right to be in the United States while their claim for protection is pending, the government has argued that it has the right to detain such individuals. Some courts have rejected this interpretation and held that asylum seekers meeting certain criteria have a right to a hearing over their detention if they have been held for at least six months. Several lawsuits have challenged the practice of detaining asylum applicants, including class-action suits that document the prolonged detention—sometimes lasting years—of individuals with credible fear awaiting adjudication of their claim for asylum.

Detention exacerbates the challenges asylum seekers already face and can negatively impact a person’s asylum application. Children and families who are detained suffer mental and physical health problems, including depression, post-traumatic stress disorder, and frequent infections. Studies have found that detained individuals in removal proceedings are nearly five times less likely to secure legal counsel than those not in detention. This disparity can significantly affect an individual's case, as those with representation are more likely to apply for protection in the first place and successfully obtain the relief sought.

JoyV

But Trump withdrew from the UN agreement. It no longer applies. So what US laws, not based on the UN, does requiring applicants to wait outside our borders while their cases are reviewed?

The majority of asylum seekers wind up being denied because their reason for wanting asylum is to improve their economic situation. If they are not allowed in until their cases are reviewed, those who know they won't qualify and yet can't fade into the society, will not have the incentive to apply for asylum. This will make it easier for those who truly are in dangerous situations to be processed and approved far quicker. So if your concern is for those in danger, then you should be in favor of this policy.

As for detention, not being allowed inside will prevent them being placed in detention. Then detention will be only for those who have come in illegally.

The U.S. Code § 1158. Asylum includes:
"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 alien’s nationality or, in the case of an alien having no nationality, the country of the alien’s last habitual residence) in which the alien’s 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."

This is the basis of Trump's policy.
https://www.law.cornell.edu/uscode/text/8/1158

permafrost Loc: Minnesota

This will be one more thing to flout through the court system..

As the US was a signatory for an international agreement, the authority for trump to dump it should be challenged..

Getting to be a long train indeed.

Trust you are not in the storm bouncing around down south...

Forgot to include.. when a person enters an office to fill out the forms for asylum application, they are considered to be on US soil..

So that is a further argument which will be used..

I think we need a new and simplified set of laws..

JoyV

When international agreements try to supersede our constitution, the president has not only the right, but the duty to withdraw from them!

Yes whenever you enter an embassy or other official asylum office you are on the soil of the country whose embassy (etc) you entered. But even a US citizen cannot demand to be allowed to stay in their own countries embassy beyond doing wh**ever paperwork they are there to do. They can request but the request will often not be granted. So why should it be granted to any foreign national who makes such a request? Try pulling that at another country's embassy and see how far it will get you.

I agree that we need to simplify our laws. Start with what is in the US Constitution.

MR Mister Loc: Washington DC

Well, boy, all you need do is google the incarnation stats of those in jail and you will see that 80% are Democrats, yeah, the facts are something you avoid.

smithdw55 Loc: Texas

Spot on!