Skip to main content

Under Biden Logic, The Next Administration Can Simply Send Every Illegal Immigrant Packing

Under the Biden administration's logic - not simply the obvious implications of its actions, but it's actual written legal justifications - the next administration doesn't need to place any removable alien who isn't already before an immigration judge into removal proceedings to deport them.

If that's true, why wouldn't Congress reference section 240? If that were Congress's intent, it could simply have added the words "In removal proceedings under section 240 of the Immigration and Nationality Act" after "Pending a decision".

Exclusive procedures- Unless otherwise specified in this chapter, a proceeding under this section shall be the sole and exclusive procedure for determining whether an alien may be admitted to the United States or, if the alien has been so admitted, removed from the United States.

If section 240 proceedings are the "Sole and exclusive procedure for determining whether an alien may be admitted to the United States or, if the alien has been so admitted, removed from the United States", there's no way that, say, President Nikki Haley could simply decide ICE can make the final decision on removals of aliens apprehended and detained under section 236 of the INA. Right?

By statute, if an alien subject to expedited removal asks for asylum, CBP must send that alien to a USCIS asylum officer to determine whether that alien has a "Credible fear of removal", that is, whether the alien may be eligible to be granted asylum.

President Haley's DHS could simply apply this logic to allow ICE officers to decide whether the aliens they apprehend and detain should be removed.

If you want proof, look no further than section 242(f)(1) of the INA, which bars federal courts - except for the Supreme Court - from enjoining any action under part 4 of subchapter II, except with respect to the application of those provisions an individual alien who is in removal proceedings. 

https://cis.org/Arthur/Under-Biden-Logic-Next-Administration-Can-Simply-Send-Every-Illegal-Immigrant-Packing 

Comments

Post a Comment

Popular posts from this blog

Fauci Files Reveal Pfizer Helped Biden Rig 2020 Election

 Pfizer secretly colluded with Joe Biden's team to help him rig the 2020 election against Trump, according to new Fauci documents. In his new book, "On Call," Fauci admits that Albert Bourla, the CEO of Pfizer, called him the night after Biden was declared the winner of the election, to inform him of Pfizer's "Game-changing results" from the rigged mRNA trial. "On November 7, after the absentee ballots were counted, Joe Biden was declared the winner of the presidential election. It was the very next night that Albert Bourla, Pfizer's CEO, called me away from my neighbors' fire pit to inform me about the game-changing results from the Pfizer mRNA vaccine trial. I finally thought we had truly turned a corner in defeating this terrible disease." Today reports: In another interesting tidbit, Fauci discusses Trump's FDA Commissioner Stephen Hahn declaring that he would not go along with the Trump Administration's plan to roll out the vac...
Post a Comment
Read more

Republicans Withdraw $1 Billion From BlackRock Due To Its ESG Policies

  Multiple U.S. states governed by Republicans are withdrawing state funds from BlackRock's management, as they disapprove of the ESG investment policies of the world's top asset manager, the Financial Times reports. In recent weeks, Louisiana, South Carolina, Utah, and Arkansas have announced they would divest funds from... For months now, Republican states have said they would not do business anymore with asset managers who have ESG-aligned investment policies, which, the states say, show that those financial firms are boycotting the oil and gas industry. Texas is leading the campaign against this movement The Lone Star State published a list of financial firms that could be banned from doing business with Texas, its state pension funds, and local governments. https://oilprice.com/Latest-Energy-News/World-News/Republicans-Withdraw-1-Billion-From-BlackRock-Due-To-Its-ESG-Policies.html
Post a Comment
Read more

EU Ambassador & Munich Security Conference Chair Headline Chinese Communist Party Influence Event.

  The Vice Chairman of the Munich Security Conference and a former Ambassador of the European Union to the U.S. headlined an event sponsored by a leading Chinese Communist Party influence group The China-United States Exchange Foundation (CUSEF) CUSEF has been identified by the US government as part of China’s “United Front” which works “to co-opt and neutralize sources of potential opposition to the policies and authority of its ruling Communist Party.” O’Sullivan Director General of the Institute of International and European Affairs Has held a variety of influential positions within the European Union including Chief Operating Officer of the European External Action Service (EEAS) Ruge also has ties to the EU’s military infrastructure Vice Chairman of the Munich Security Conference https://thenationalpulse.com/2022/10/20/eu-amb-and-munich-chair-headline-cusef-webinar/
Post a Comment
Read more