The Next Phase of Immigration Reform

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Wosbald
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Lawmakers push back at Trump's Pentagon funding grab for wall
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Lawmakers are calling out the Trump administration over its latest plan to shift billions of dollars meant for the Pentagon's budget to instead pay for border wall construction.

The top Democrat and Republican on the House Armed Services Committee are among the numerous lawmakers that last week pushed back on President Trump's move to divert $3.8 billion from various weapons programs into its counter-drug fund to be used to build his signature project.

"The re-programming announced today is contrary to Congress's constitutional authority, and I believe that it requires Congress to take action. I will be working with my colleagues to determine the appropriate steps to take," committee ranking member Rep. Mac Thornberry (R-Texas) said in a statement in response to the funding move.

Though he did not mention Trump by name, Thornberry said such a reprogram attempt "undermines the principle of civilian control of the military and is in violation of the separation of powers within the Constitution."

He added that funding for wall construction "must come through the Department of Homeland Security rather than diverting critical military resources that are needed and in law."

Meanwhile, House Armed Services Committee Chairman Adam Smith (D-Wash.) said the administration was stealing the cash for the sake of fulfilling a Trump campaign promise.

"The President is obsessed with fulfilling a campaign promise at the expense of our national security. This Administration has already stolen billions from the Department of Defense in order to begin building the President's vanity wall and today they are doubling down on bad policy," Smith said in a statement.

All Senate Appropriations Defense subcommittee Democrats also called the transfer "divisive" and "poisonous to the relationship we seek on national defense matters."

"As was the case last year, the Department of Defense did not request, and the Congress did not provide, any defense funds for border wall construction," the senators wrote in a letter to Defense Secretary Mark Esper last Thursday.

"This repeated maneuver to transfer funds once again is in contrast to the long-established processes involving consultation with the defense oversight committees of Congress on reprogrammings and transfers. Engaging in this scheme again is not only divisive, but also poisonous to the relationship we seek on national defense matters - which should be above this type of rancor and partisanship."

[...]


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Wosbald
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Hashi Lebwohl
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Post by Hashi Lebwohl »

That's okay, Greyhound--the agents will now show up with warrants. Good luck denying those searches.
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Post by Hashi Lebwohl »

A big win for the Trump Administration in its fight against sanctuary cities.
The 2nd Circuit Court of Appeals in New York overturned a lower court ruling that stopped the administration's 2017 move to withhold grant money from the Edward Byrne Memorial Justice Assistance Grant Program, which dispenses over $250 million a year to state and local criminal justice efforts.

"Today's decision rightfully recognizes the lawful authority of the Attorney General to ensure that Department of Justice grant recipients are not at the same time thwarting federal law enforcement priorities," a DOJ spokesman said in a statement. "The grant conditions here require states and cities that receive DOJ grants to share information about criminals in custody. The federal government uses this information to enforce national immigration laws--policies supported by successive Democrat and Republican administrations."
Take *that*, sanctuary cities. It is not hurting you to comply with simple requests that you check the immigration status of people whom you happen to detain in the course of normal arrests. Sanctaury cities are actually aiding and abetting people in violating immigration law.

I would expand this and cut off all Federal money going to sanctuary cities until they start complying.
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Post by Skyweir »

A win from that POV but a few losses re his border wall tho 😉
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Supreme Court rules Border Patrol agent can't be sued for shooting teen
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Norteno musicians play while relatives comfort Maria Guadalupe Guereca, kneeling, as she mourns at the grave of her teenage son, Sergio Adrian Hernandez Guereca, in a cemetery in Ciudad Juarez, Mexico, June 7, 2012. In a 5-4 vote Feb. 25, 2020, the U.S. Supreme Court ruled that a U.S. Border Patrol agent could not be sued for the 2010 shooting death of the teenager on the Mexican side of the border. (Credit: Jose Luis Gonzalez/Reuters via CNS)


WASHINGTON, D.C. -- In a 5-4 vote Feb. 25, the U.S. Supreme Court ruled that a U.S. Border Patrol agent could not be sued for the 2010 shooting death of a Mexican teenager on the Mexican side of the border.

The court upheld a lower court's dismissal of a lawsuit by the family of the teen, Sergio Adrian Hernandez Guereca, against the agent, Jesus Mesa. The family was seeking monetary damages for the teen's death and accused the border agent of violating the Constitution's ban on unjustified deadly force in the Fourth Amendment and right to due process in the Fifth Amendment.

Justice Samuel Alito, writing the majority opinion in the court's decision, said the case had "foreign relations and national security implications" and that courts should steer clear of lawsuits filed by foreign victims in U.S. courts without congressional authorization.

He also noted that U.S. Border Patrol agents play an important role in protecting national security, which includes stopping illegal border crossings.

Justice Ruth Bader Ginsburg, writing the dissent, asked how "using excessive force to kill a child" was a matter of national security. She also described the agent as a "rogue officer" and said he used lethal force on someone who posed "no immediate threat to the officers" or others, which she said was a "classic definition of an unreasonable use of force."

Justice Clarence Thomas, writing a separate concurring opinion, joined by Justice Neil Gorsuch, urged the court to no longer go by a 1971 decision that allowed people to sue federal officials individually for civil rights violations.

[...]

Dylan Corbett, executive director of the nonprofit group Hope Border Institute in El Paso, said his organization disagrees with the Supreme Court's decision in this case and believes the law is on the side of the teenager's family.

"Americans must know that the impact of decisions like this will only further a troubling culture in border enforcement agencies which flouts accountability and due process and puts migrant lives in danger," he told Catholic News Service in an email.

Rep. Joaquin Castro, D-Texas, chairman of the Congressional Hispanic Caucus, called the court's ruling "an assault on basic civil and human rights. The U.S. Supreme Court today has legalized murder without cause in cases where a U.S. Border Patrol agent shoots a Mexican national standing on the Mexican side of the border."

The court's decision prevents civil rights lawsuits in U.S. federal courts involving similar cross-border incidents if the person injured or killed was not on American soil. That means it is likely to put a stop to the lawsuit filed by the parents of Jose Antonio Elena Rodriguez, a 16-year-old Mexican teenager, who was fatally shot in Nogales, Mexico, in 2012 by a Border Patrol agent in Arizona.

Lee Gelernt, a lawyer for the American Civil Liberties Union, which represents the Rodriguez family, said the court's decision in the Hernandez case will have a big impact. "The gravity of this ruling could not be clearer given the Trump administration's militarized rhetoric and policies targeting people at the border," he said in a statement.

The lawsuit filed by the Rodriguez family has been on hold with the 9th Circuit Court of Appeals, awaiting the court's decision in the Hernandez case.

[...]


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Post by sgt.null »

Stop illegally crossing the border.
Problem solved.
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Post by Avatar »

Sure, just like the war on drugs was ended because everybody stopped using drugs. :D

There will always be people so desperate to either escape their circumstances, or to find more opportunities, that they will risk dying just for the chance that they might.

Worth thinking about I think.

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Post by Hashi Lebwohl »

sgt.null wrote:Stop illegally crossing the border.
Problem solved.
Justice Ginsberg must be unaware that from time to time the cartel pistoleros will take shots at Border Patrol agents from inside Mexico, not to kill them but just to watch la migra dance and duck. Some of those pistoleros are teenagers--they have to earn their cartel street cred somehow.
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Post by Skyweir »

Avatar wrote:Sure, just like the war on drugs was ended because everybody stopped using drugs. :D

There will always be people so desperate to either escape their circumstances, or to find more opportunities, that they will risk dying just for the chance that they might.

Worth thinking about I think.

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Hashi Lebwohl
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Post by Hashi Lebwohl »

What the hell?

Early on Friday, the 9th Circuit Court of Appeals put a hold on the "remain in Mexico" policy.

The 9th Circuit Court of Appeals in San Francisco ruled in a 2-1 vote to put a hold on the policy--formally known as the Migrant Protection Protocols (MPP). In a separate ruling Friday, the same court also blocked an administration policy that prevents immigrants who crossed the border illegally from then claiming asylum in the U.S.
but then later in the day it suspended its own ruling, meaning that "remain in Mexico is still in effect.

The MPP was working--illegal crossings, arrests, and deportations were all down in recent months. It was a win-win--why stop it?
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Post by Obi-Wan Nihilo »

Because Orange Man Bad.
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Hashi Lebwohl
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Post by Hashi Lebwohl »

The broader question is: has any court *ever* reversed its own decision on the same day it made it?

As you said, perhaps the Ninth should stop making political decisions because of OMBS and issue rulings based on the law.
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Post by Obi-Wan Nihilo »

Trump has appointed 10 judges to the 9th. Hopefully he'll add a few more during his second term.
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Post by Hashi Lebwohl »

Ms. Lebwohl saw a story that someone is Washington, D. C. was floating the idea of cutting off all Federal aid to sanctuary cities until they start complying with the law.

Someone in Washington is reading my posts. :mrgreen: Can I have a job in Trump's White House? I always have excellent ideas and typically see things from a slightly different perspective, plus my insights are usually fairly accurate.

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🤮🦠🤮
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Report: Number of immigrants in U.S. without documents in steady decline
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Members of the National Guard patrol next to the border fence between Mexico and U.S. in Tijuana, Mexico, July 23, 2019. A report from the Center of Migration Studies in New York says the number of people in the United States without legal permission has declined 10 percent in eight years and most seeking asylum have entered the U.S. on a temporary visa, not via a border crossing. (Credit: Carlos Jasso/Reuters via CNS)


WASHINGTON, D.C. -- A report from the Center for Migration Studies of New York said the population of immigrants living in the United States without documents has declined 10 percent in eight years.

In 2018, the center said, the total "U.S. undocumented population" was estimated to be 10.6 million, a drop of 1.2 million since 2010. The figures show a steady downward pattern as immigration from Mexico to the U.S. has decreased and Mexican nationals have returned home, the report said.

The report "Reverse Migration to Mexico Led to U.S. Undocumented Population Decline: 2010 to 2018," released Feb. 28, says that from 2010 until 2018, a total of 2.6 million Mexican nationals "left the U.S. undocumented population" and 45 percent of those "left voluntarily."

The document says it shows that "improving social and economic conditions in sending countries would not only reduce pressure at the border but also likely cause a large decline in the undocumented population."

It mirrors the policy position and recommendations of the U.S. Conference of Catholic Bishops, which has said that improving "sustainable and equitable development in sending nations, especially Mexico and the countries of Central America" can help address the root causes of the present immigration crisis in the U.S., "so that migrants can remain in their homelands and support their families in dignity."

[...]

The report also shows that two-thirds of the total of those who have entered the country without documentation since 2010 have entered with a temporary visa and simply not returned when they were supposed to, while just one-third "entered illegally across the border."

And of those who remain in the country without documents, who numbered 10.6 million in 2018, "about 5.7 million (54 percent) entered across the border, and 4.9 million (46 percent) entered with a temporary visa and overstayed (it)," the report says.

[...]


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Post by Hashi Lebwohl »

Like I said, if these people would fix the problems in their own country then they wouldn't have to migrate anywhere--they could enjoy 21st-Century capitalism at home and make their own economy thrive. Break the backs of the cartels once and for all and things would get better for all of Central America.
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Indeed
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