5 days ago
Two choices" always makes me suspicious, there's usually a third one nobody wants to pay for. Curious where you all land on this.
DHS exposes dilemma behind SCOTUS deportation fight: ‘We have two choices’
The Supreme Court temporarily cleared the Trump administration to continue its third-country deportation policy this week, as DHS’ top lawyer mounts a public defense of an immigration authority the administration says previous presidents largely left dormant. DHS has increasingly used so-called "third-country" removals when a removable alien cannot be returned to their home country or that country refuses to take them back — part of what agency General Counsel James Percival describes as a broader Trump strategy of reviving immigration authorities already on the books.
TRUMP’S SPECIAL STRATEGY TO DEPORT ILLEGALS GIVES HIM ANOTHER TOOL FOR ENFORCEMENT
The justices on Tuesday stayed a lower-court judgment restricting DHS’s policy, allowing the administration’s guidance to remain in effect while the Court considers the case on the merits. Arguments are set for December over whether agency procedures comply with federal immigration law, due process and safeguards against torture. The case does not squarely challenge DHS’s underlying authority to conduct third-country removals, but rather the procedures it must follow beforehand. "It’s in the statute expressly that we can do this," he said. "If you go back and read most of the immigration laws, there's a lot of really good tools in there that people just haven't used."
The third-country provision was included in a major immigration reform package passed by Congress and signed by President Bill Clinton in 1996: the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA). "A lot of people in government sort of treat their authority like fine china," Percival remarked. "They're afraid if they ever actually use it, someone will take it away. And if you've ever owned fine china, it's like you can find yourself at the end of your life and you were so afraid you would break it you never used it."
TRUMP’S FIGHT OVER RARELY USED 18TH-CENTURY DEPORTATION LAW LIVES ON IN LATEST COURT CLASH
But Percival’s strategy has not come without blowback from human rights advocates, who pointed most recently to allegations that deportees were beaten by authorities in Equatorial Guinea, a tiny nation on Africa’s Atlantic coast that has been under the control of President Teodoro Obiang since 1979. Obiang's government received $7.5 million from Washington as part of an agreement with Malabo to accept third-country deportations. "I’d rather live in the United States than Equatorial Guinea too, but I’m an American citizen and I haven’t killed anybody," Percival said. The detention issue traces in part to the Supreme Court’s 2001 decision in a case involving a stateless legal resident whom the government ordered deported due to his criminal record. Kestutis Zadvydas was born to Lithuanian parents in a German displaced- persons camp, but neither Lithuania nor Germany would accept him. The court held that six months of post-removal detention is presumptively reasonable, after which continued detention can be challenged if removal is not reasonably foreseeable. Percival is making that case publicly through his "Daily Deportee" series on X, highlighting criminal deportees whose home countries will not accept them. SIGN UP TO GET THE POLITICS NEWSLETTER
"If the person is a child rapist and serves 20 years, we have two choices: Find a third country — or let the child rapist go live in an American community," he said, adding that the effort is intended to shape public understanding of the issue and highlight its stakes. Percival cited Burmese national Kyaw Mya, whose home country won’t take him back. Percival said another case he plans to feature involves a migrant who committed a violent crime, was not removed by the Bush administrati
https://www.foxnews.com/po...
#immigration #SCOTUS #DHS
DHS exposes dilemma behind SCOTUS deportation fight: ‘We have two choices’
The Supreme Court temporarily cleared the Trump administration to continue its third-country deportation policy this week, as DHS’ top lawyer mounts a public defense of an immigration authority the administration says previous presidents largely left dormant. DHS has increasingly used so-called "third-country" removals when a removable alien cannot be returned to their home country or that country refuses to take them back — part of what agency General Counsel James Percival describes as a broader Trump strategy of reviving immigration authorities already on the books.
more…
"Imagine going to a country and saying, hey, we've got a guy, he's not your guy, and he's a rapist, but can he please live there?" Percival told Fox News Digital. "That's not an easy ask. It requires significant diplomatic energy… Norway is not taking a rapist from Cuba."TRUMP’S SPECIAL STRATEGY TO DEPORT ILLEGALS GIVES HIM ANOTHER TOOL FOR ENFORCEMENT
The justices on Tuesday stayed a lower-court judgment restricting DHS’s policy, allowing the administration’s guidance to remain in effect while the Court considers the case on the merits. Arguments are set for December over whether agency procedures comply with federal immigration law, due process and safeguards against torture. The case does not squarely challenge DHS’s underlying authority to conduct third-country removals, but rather the procedures it must follow beforehand. "It’s in the statute expressly that we can do this," he said. "If you go back and read most of the immigration laws, there's a lot of really good tools in there that people just haven't used."
The third-country provision was included in a major immigration reform package passed by Congress and signed by President Bill Clinton in 1996: the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA). "A lot of people in government sort of treat their authority like fine china," Percival remarked. "They're afraid if they ever actually use it, someone will take it away. And if you've ever owned fine china, it's like you can find yourself at the end of your life and you were so afraid you would break it you never used it."
TRUMP’S FIGHT OVER RARELY USED 18TH-CENTURY DEPORTATION LAW LIVES ON IN LATEST COURT CLASH
But Percival’s strategy has not come without blowback from human rights advocates, who pointed most recently to allegations that deportees were beaten by authorities in Equatorial Guinea, a tiny nation on Africa’s Atlantic coast that has been under the control of President Teodoro Obiang since 1979. Obiang's government received $7.5 million from Washington as part of an agreement with Malabo to accept third-country deportations. "I’d rather live in the United States than Equatorial Guinea too, but I’m an American citizen and I haven’t killed anybody," Percival said. The detention issue traces in part to the Supreme Court’s 2001 decision in a case involving a stateless legal resident whom the government ordered deported due to his criminal record. Kestutis Zadvydas was born to Lithuanian parents in a German displaced- persons camp, but neither Lithuania nor Germany would accept him. The court held that six months of post-removal detention is presumptively reasonable, after which continued detention can be challenged if removal is not reasonably foreseeable. Percival is making that case publicly through his "Daily Deportee" series on X, highlighting criminal deportees whose home countries will not accept them. SIGN UP TO GET THE POLITICS NEWSLETTER
"If the person is a child rapist and serves 20 years, we have two choices: Find a third country — or let the child rapist go live in an American community," he said, adding that the effort is intended to shape public understanding of the issue and highlight its stakes. Percival cited Burmese national Kyaw Mya, whose home country won’t take him back. Percival said another case he plans to feature involves a migrant who committed a violent crime, was not removed by the Bush administrati
https://www.foxnews.com/po...
#immigration #SCOTUS #DHS
21 days ago
Honestly did not expect to see a win like this today, feels like someone finally read the fourth amendment out loud.
Federal judge ties ICE agents' hands with ruling on warrantless Southern California arrests
A federal judge with the U.S. District Court for the Central District of California issued a preliminary injunction to block the U.S.
"Mere presence within the United States in violation of United States immigration law is not, by itself, sufficient to conclude that a person is likely to escape before a warrant for arrest can be obtained," the judge's order notes. The U.S. District Court for the Central District of California encompasses the following counties: Los Angeles, Orange, Riverside, San Bernardino, Ventura, Santa Barbara and San Luis Obispo counties. ANGEL DAD REBUKES DEMOCRATIC LAWMAKERS OVER SANCTUARY POLICIES AFTER DAUGHTER KILLED BY TWICE-DEPORTED FELON
"This ruling is one of the most important decisions to date in the community’s effort to end the federal government’s cruel and illegal practice of abducting people and separating them from their families," ACLU Foundation of Southern California senior staff attorney Mayra Joachin declared in a statement. "By requiring immigration agents to follow the law’s requirement to make escape risk determinations before they can arrest someone without a warrant, this court order should put an end to hundreds — if not more — of unlawful arrests that continue throughout Southern California. We will closely monitor compliance with this court order, and expect the federal government to abide by it," Joachin added. MAMDANI BLASTS FEDS FOR WAGING 'CAMPAIGN OF VIOLENCE AND TERROR' AGAINST NYC'S IMMIGRANTS
The Department of Homeland Security provided Fox News Digital with the following statement on Thursday: "ICE has authority for lawful arrests where authorized under 8 USC 1357. Law enforcement officers use 'reasonable suspicion' to investigate immigration status and probable cause to make arrests consistent with the statute and the Fourth Amendment to the U.S. Constitution. The Supreme Court has already vindicated us on these practices."
https://www.foxnews.com/po...
#SoCal #ImmigrationRaids #DueProcess
Federal judge ties ICE agents' hands with ruling on warrantless Southern California arrests
A federal judge with the U.S. District Court for the Central District of California issued a preliminary injunction to block the U.S.
more…
government from conducting warrantless civil immigration arrests in the district unless the arrestee is deemed likely to escape before a warrant can be procured. "Defendants are enjoined from enforcing their policy and practice of making warrantless civil immigration arrests in this District without a prearrest individualized determination by the arresting agent or officer of probable cause that the person being arrested is likely to escape before a warrant can be obtained, as required by 8 U.S.C. 1357(a)(2) and 8 C.F.R. § 287.8(c)(2)," the order signed by U.S. District Judge Maame Ewusi-Mensah Frimpong reads, in part. Frimpong was nominated by former President Joe Biden during his White House tenure. EXCLUSIVE: 25 YEARS AFTER 9/11, ICE SAYS MORE THAN 2K KNOWN OR SUSPECTED TERRORISTS HAVE BEEN DEPORTED"Mere presence within the United States in violation of United States immigration law is not, by itself, sufficient to conclude that a person is likely to escape before a warrant for arrest can be obtained," the judge's order notes. The U.S. District Court for the Central District of California encompasses the following counties: Los Angeles, Orange, Riverside, San Bernardino, Ventura, Santa Barbara and San Luis Obispo counties. ANGEL DAD REBUKES DEMOCRATIC LAWMAKERS OVER SANCTUARY POLICIES AFTER DAUGHTER KILLED BY TWICE-DEPORTED FELON
"This ruling is one of the most important decisions to date in the community’s effort to end the federal government’s cruel and illegal practice of abducting people and separating them from their families," ACLU Foundation of Southern California senior staff attorney Mayra Joachin declared in a statement. "By requiring immigration agents to follow the law’s requirement to make escape risk determinations before they can arrest someone without a warrant, this court order should put an end to hundreds — if not more — of unlawful arrests that continue throughout Southern California. We will closely monitor compliance with this court order, and expect the federal government to abide by it," Joachin added. MAMDANI BLASTS FEDS FOR WAGING 'CAMPAIGN OF VIOLENCE AND TERROR' AGAINST NYC'S IMMIGRANTS
The Department of Homeland Security provided Fox News Digital with the following statement on Thursday: "ICE has authority for lawful arrests where authorized under 8 USC 1357. Law enforcement officers use 'reasonable suspicion' to investigate immigration status and probable cause to make arrests consistent with the statute and the Fourth Amendment to the U.S. Constitution. The Supreme Court has already vindicated us on these practices."
https://www.foxnews.com/po...
#SoCal #ImmigrationRaids #DueProcess
2 months ago
Wednesday and everything changes up here… Honestly about time someone drew a line. Curious where you all land on this one.
New Maine law limits police cooperation with federal immigration officials
https://www.foxnews.com/po...
#Maine #ICEOutOfPolicing #immigration
New Maine law limits police cooperation with federal immigration officials
https://www.foxnews.com/po...
#Maine #ICEOutOfPolicing #immigration
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