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So this is a topic I follow and I could speak at length to all the anti-immigrant actions taken by this administration. It's every aspect of the immigration pro
by jmyeet 11mo ago
So this is a topic I follow and I could speak at length to all the anti-immigrant actions taken by this administration. It's every aspect of the immigration process. This isn't only a stricter enforcement policy or a stricter interpretation of certain rules but things that are arguably illegal.
For example, one of the requirements for naturalization is "good moral chracter". Well, what does that mean? Up until this year, that's simply been the absence of any disqualifying criteria, such as unpaid taxes, unpaid child support, most felony convictions, etc. This administration has reinterpreted "good moral chracter" to be affirmative, something you need to provide proof of, rather than the absence of anything negative. This is arguably illegal.
Anyway, back to this article, one example here is from San Diego. This article doesn't mention it but there was a leaked memo where USCIS and ICE are trialling a new process in the San Diego field office of having the interviewing visa officer call in ICE to detain applicants in cases they never did before.
For context, overstaying a visa isn't a crime (unless you get deported then do it again, basically). It's a civil infraction. There are lots of immigration benefits you can't get if you're out of status however but marriage to a US citizen is an exception. Visa overstays and unauthorized work are generally forgiven in those cases, by law. So such people were never detained because their overstays were forgiven so what's the point?
There are also people who did not enter through a regular port of entry. Legally, this is called "entering without inspection". This includes people who sneak across the border. It also includes a bunch of people who were infants or children at the time so never made a choice. This was the basis for the DACA ("Deferred Action for Childhood Arrivals") program under Obama. There are people who are now adults who have lived here since they were a few months old who have never known anywhere else. Deporting them to a country they've never known is cruel and unusual.
So another thing this administration has done has created a policy whereby all those who entered without inspection can be detained and should be denied bond.
Here's a partial list of other sins of the administration just off the top of my head:
1. Most visibly, the ICEstapo raids;
2. Skin color can now be used as a factor for an immigration stop thanks to an "emergency" ruling by this Supreme Court, granting a petition by the government. Location can be another factor so it's now completely legal to do an immigration stop on someone who looks Hispanic in the vicinity of a Home Depot, for example.
3. Ended TPS ("Temporary Protected Status") for a bunch of countries, putting refugees and asylum seekers out of status;
3. Immigration judges, unlike Federal judges, are not ARticle 3 judges (by the Constitution). ARticle 3 judges are nominated by the president and confirmed by the Senate and cannot be fired. They have to be impeached. Immigration judges are simply employees of the executive branch. This administration has started firing immigreation judges if they approve too many cases;
4. People such as Kilmer Abrego Garcia were deported to El Salvador, a country he feared returning to, in defiance of a Federal court order blocking his deportation to El Salvador. When taken there he was put in a maximum security prison (ie CECOT);
5. The government then for the longest time refused to fix their error, including openly defying Federal judges;
6. Revoking the lawful permanent residence status of Mahmoud Khalil for hurting Israel's feelings by saying factually accurate things about Israel's war crimes and organizing peaceful protests at Columbia;
7. Black bagging detainees and moving them interstate before their families know so a local judge can't block their detention and order them released. In fact, they take them to the jurisdictions of friendly judges in places like Louisiana. This is the ultimate in judge shopping;
8. For visa applicants outside the US, this administration has begun forcing people to go to the consulate in their home country rather than the country they live in. This puts in limbo people who come from countries with which the US currently has no consulate. This is an intentional delay tactic as a person may study or work in the UK but be a citizen of Ghana or Nigeria where there is a 2-4 year wait for a visa interview. This is intentional.
9. Arbitrarily decided that humanitarian parolees under Biden were "illegally" paroled into the US and are now seeking to detain and deport these people;
10. Deporting people to so-called third countries ie not to that person's country of origin or even a country they might otherwise choose under voluntary departure;
I'm sure there's more. It's a shame only the ICEstapo raids really get any media attention.
- burnt-resistor 11mo ago> For context, overstaying a visa isn't a crime (unless you get deported then do it again, basically). It's a civil infraction. How else will Republicons lie and manufacture an excuse to behave self-righteously and make some people suffer since certain scapegoats are no longer acceptable except in the Nick Fuentes / mass shooter crowd?
- LorenPechtel 11mo ago#6 is false. His claims were not accurate, nor has there been any realistic demonstration of Israeli war crimes. The "proof" is always underwear gnome logic. Something bad happened, thus it must be an Israeli war crime.
- donkeybeer 11mo agoDoesn't matter, it's just speech. If you want to say free speech doesn't apply to certain classes of persons then this should be made very loud and clear so these persons can avoid coming to the USA.
- LorenPechtel 11mo agoYeah, that part is not acceptable. I'm just saying the argument against it had a problem.
- compsciphd 11mo agoIt has been said loud and clear. the supreme court in Harisiades v. Shaughnessy (1952) said communist party affiliation (even past membership) was reason to deport non citizens. This is well known in legal circles. This isn't something hidden. A US Citizen can be a member of the communist party (same first amendment, right of assembly), while a non citizen doesn't have the same right. One can argue that this decision was wrong. One can argue that it is immoral, but its well known, and any immigration lawyer should know this decision, and know the risks their clients are taking on by some actions of theirs.