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Attorney General Barr Blocks Catch and Release by Migration Judges
Breitbart ^ | 4/17/2019 | Neil Munro

Posted on 04/17/2019 3:53:08 AM PDT by BadLands59

Immigration judges cannot release migrants who are caught sneaking into the United States, even if the migrants ask for asylum, says a binding legal decision by Attorney General William Barr.

The decision will dramatically shift the migration-caused civic and housing crises from the nation’s blue-collar communities over to the Congress and the Department of Homeland Security, whose budget and detention centers only have enough resources to house about 50,000 people year-round.

“The [text of the relevant] Act provides that, if an alien in expedited proceedings establishes a credible fear, he “shall be detained for further consideration of the application for asylum,” says Barr’s April 16 decision, titled. Matter of M-S-. Because of the law, “I order that, unless DHS paroles the respondent under section 212(d)(5)(A) of the Act, he must be detained until his removal proceedings conclude.”

“This is a HUGE ruling that will harm thousands seeking protection from persecution at the US border since far more will be held in detention even after passing the threshold screening under the credible fear standard,” complained Greg Chen, director of government relations at the American Immigration Lawyers Association.

The association’s lawyers make their money by guiding migrants and corporate hiring managers through the extremely dense network of migration laws and regulations. But Barr’s decision blocks the use of a common path for migrants who are trying to get through the courts and into the U.S. jobs they need to repay the smuggling fees they owe to the cartels.

Barr directed officials to delay implementation of the law for 90 days, giving DHS managers — and congressional leaders — three months to decide which migrants should be released into the nation’s cities and towns.

(Excerpt) Read more at breitbart.com ...


TOPICS: News/Current Events
KEYWORDS: agbarr; trumpillegals; trumpjudiciary
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1 posted on 04/17/2019 3:53:08 AM PDT by BadLands59
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To: BadLands59

Except that judges pretty much do what they want regardless.


2 posted on 04/17/2019 3:58:19 AM PDT by CitizenUSA (Proverbs 14:34 Righteousness exalts a nation, but sin is a disgrace to any people.)
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To: BadLands59

Who would have ever predicted that Jeff Sessions would turn out to be a horrible AG while a 2nd time Bush AG is really off to a great start.


3 posted on 04/17/2019 4:00:06 AM PDT by MountainWalker
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To: CitizenUSA

Did I read that had the headline right? I’m shocked.


4 posted on 04/17/2019 4:01:07 AM PDT by magua (Because itÂ’s being reported that a lot of this started in 2015.)
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To: BadLands59
"Immigration judges cannot release migrants who are caught sneaking into the United States, even if the migrants ask for asylum, says a binding legal decision by Attorney General William Barr."

On the surface, this sounds like a good thing. But we know that Barr is Trump's "hand-picked" stooge/lackey, so look for some Federal judge to assert himself into the process and 'overrule' it.

What? Barr is the AG? The big kahuna? Big deal! There doesn't seem to be anything more powerful in this country than a liberal Federal judge with self-appointed authority...

5 posted on 04/17/2019 4:03:58 AM PDT by DJ Frisat ( (optional, printed after my name on post))
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To: BadLands59

One can only hope.


6 posted on 04/17/2019 4:06:21 AM PDT by HighSierra5
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To: BadLands59

Why wasn’t this done YEARS ago?


7 posted on 04/17/2019 4:07:20 AM PDT by Oldeconomybuyer (The problem with socialism is that you eventually run out of other people's money.)
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To: BadLands59
IIRC, 80% never showed up for their hearing...poof!

If they now know they may be detained...and for a long time, it may stop the flow.

They planned on NOT being detained.

I'm sure there was lots of discussion before Barr made his decision.

8 posted on 04/17/2019 4:09:58 AM PDT by Sacajaweau
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To: DJ Frisat

Trying to turn a positive thread into a negative?


9 posted on 04/17/2019 4:10:59 AM PDT by Sacajaweau
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To: BadLands59

No mention of when they bring minors with them and claim asylum, what they (will) do with them, let them ALL go.


10 posted on 04/17/2019 4:13:28 AM PDT by sickoflibs ('Equal protection' only applies to illegals not you!)
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To: MountainWalker
"....Jeff Sessions would turn out to be a horrible AG while a 2nd time Bush AG is really off to a great start."

Man, you nailed it.

11 posted on 04/17/2019 4:20:00 AM PDT by Psalm 73 ("I will now proceed to entangle the entire area".)
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To: MountainWalker; All

My thoughts exactly. Magoo, and most Senators, are excellent examples of the Peter Principle.


12 posted on 04/17/2019 4:25:30 AM PDT by JonPreston ( The GOPe is on board with the North American Union and the European Union.)
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To: magua

I just don’t know how the executive branch can tie up a co-equal branch, the judiciary. AG Barr can decide whatever he wants, but he can’t tell the judges to butt out. Even if he is on legally solid ground here, judges do whatever they want regardless. They aren’t restrained by law or precedent—they overturn precedent whenever it suits them. They only play lip service to law when it suits their particular legal ax to grind.


13 posted on 04/17/2019 4:26:37 AM PDT by CitizenUSA (Proverbs 14:34 Righteousness exalts a nation, but sin is a disgrace to any people.)
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To: CitizenUSA

Immigration judges are appointed by the AG and are part of the Executive Branch, not the Judiciary.

Judiciary Branch lawlessness is not much affected by this.


14 posted on 04/17/2019 4:34:54 AM PDT by jjotto (Next week, BOOM!, for sure!)
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To: jjotto

Good point about immigration judges. I did not know that. Regardless, a judge in Hawaii will simply change the meaning of the law that drove this AG decision. Maybe AG Barr can control the immigration judges (I say maybe). LOL. But he can’t restrain the judiciary branch from sticking their nose in.


15 posted on 04/17/2019 4:38:15 AM PDT by CitizenUSA (Proverbs 14:34 Righteousness exalts a nation, but sin is a disgrace to any people.)
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To: MountainWalker

Is it a great start? Or is he just doing the bare minimum? I’m not sure we can tell the difference any more. (Seriously)


16 posted on 04/17/2019 4:39:11 AM PDT by TheZMan (I am a secessionist.)
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To: BadLands59

:: if an alien in expedited proceedings establishes a credible fear ::

DHS Agent: “Says here you are a citizen of Guatamala. Is that correct?”
Immigrant: “Si.”
Agent: “And, that you entered Mexico seeking asylum in order to travel to the United States to live?”
Immigrant: “Si.”
Agent: “What fears do you have if you return to MEXICO to await your proceedings? Remember, MEXICO afforded you free and safe travel.”
Immigrant: “I’m F&^%$d!”


17 posted on 04/17/2019 4:39:35 AM PDT by Cletus.D.Yokel (Catastrophic, Anthropogenic Climate Alterations: The acronym explains the science.)
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To: MountainWalker

Sessions is probably the worst AG ever!


18 posted on 04/17/2019 4:44:35 AM PDT by for-q-clinton (This article needs a fact checked)
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To: CitizenUSA
I just don’t know how the executive branch can tie up a co-equal branch, the judiciary.

Probably because these immigration judges are what they call "Article I" judges, or administrative judges created by Congress. I

The so-called co-equal judges are "Article III" judges, or trial judges created by Congress for appellate review under the Supreme Court.

The Article I judges perform executive review of administrative procedures and regulations under the direction of the Department of Justice.

-PJ

19 posted on 04/17/2019 4:47:57 AM PDT by Political Junkie Too (The 1st Amendment gives the People the right to a free press, not CNN the right to the 1st question.)
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To: Political Junkie Too

Thanks. It will be interesting to see how it pans out.


20 posted on 04/17/2019 4:57:15 AM PDT by CitizenUSA (Proverbs 14:34 Righteousness exalts a nation, but sin is a disgrace to any people.)
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