Comments by "Scott Farner" (@scottfarner5100) on "Kamala Harris silent on migrants dropped at her doorstep" video.
-
3
-
2
-
2
-
1
-
1
-
1
-
1
-
1
-
1
-
1
-
@vibe_and_shine_126 Yes I'm aware of the Geneva convention and article 31. These would be the same standards that are written in our 1980 INA laws. And that exception is rarely used. But all of that is irrelevant as I've already explained US law. And US law clearly stats that for asylum they only have to be on US soil to make the request it is not the same as refugee applications.
pursuant to a bilateral or multilateral agreement
§1158. Asylum
(a) Authority to apply for asylum
(1) In general
Any alien who is physically present in the United States or who arrives in the United States (whether or not at a designated port of arrival and including an alien who is brought to the United States after having been interdicted in international or United States waters), irrespective of such alien's status, may apply for asylum in accordance with this section or, where applicable, section 1225(b) of this title.
(2) Exceptions
(A) Safe third country
Paragraph (1) shall not apply to an alien if the Attorney General determines that the alien may be removed, pursuant to a bilateral or multilateral agreement, to a country (other than the country of the alien's nationality or, in the case of an alien having no nationality, the country of the alien's last habitual residence) in which the alien's life or freedom would not be threatened on account of race, religion, nationality, membership in a particular social group, or political opinion, and where the alien would have access to a full and fair procedure for determining a claim to asylum or equivalent temporary protection, unless the Attorney General finds that it is in the public interest for the alien to receive asylum in the United States.
1
-
1
-
1
-
1
-
1
-
1
-
1
-
1
-
1
-
1
-
1
-
1
-
1
-
1
-
1
-
@rayna5623 This is the current process under our laws, and what the Right will not report.
To cross our border illegally for the first time is a misdemeanor that carries a civil offense US code 1325. That person or family group has to be processed and then deported. That way when immigrants try and cross again they fall under US code 1326, that carries stronger penalties as a deterrent.
Title 42 removes penalties under those laws. It's being used to undermines our legal asylum laws and just deports immigrants after processing. With no penalty system in place under title 42, this has caused more border returns who do not face penalties that they would face under normal immigration law. It also means apprehension numbers accounted for are not accurate. Current rate of returns is above 40%
US code 1158 is our asylum law, that the Right wants to ignore and undermine. It allows an immigrant to cross our border legally and request asylum, just as if they were at a check point. The Right has lied about it, ignored it, removed context and omitted it from their new reports, and Trumps policies criminalized it in violation of US immigration law, with his child separation policy. That policy on asylum seekers was removed in federal court. This is the 40 year asylum laws the Right refer to as “Open Borders”.
Remain in Mexico, forces legal asylum seekers who have used a port of entry and have passed a creditable fear interview to remain on the Mexican side of the border. US law says they are to remain in the US, US code 1158 section 1125. This law the Right calls catch and release. Due to restriction at check points it is easier to be granted asylum by crossing between check points. Especially under Trump's hard line policies. It also forces legal asylum seekers to wait in Mexico at the hands of cartels and traffickers, causing more suffering for legal asylum seekers.
Unaccompanied minors that are apprehended are automatically entered into our asylum process. They have to be transported out of CBP hands within 72 hours to family services, a sponsor, or family in country. Many on flights to US cities as per law in every administration including Trumps.
Single adults are still all placed in deportation proceeding under title 42. They are responsible for the increased repeat offenders under title 42 lack of penalty. Title 42 is being used to ignore our Immigration laws and treaty obligations for asylum. They should be allowed to request asylum and go through the process to qualify. Due to the number of immigrants neither side (in leadership) want's it removed.
Family units entry depends on the title 42 restrictions and asylum request and along with how they entered. They can be deported or put into our asylum process.
The Mexican government changing laws in areas on the border that can't handle the influx of refuges due to Trumps remain in Mexico policy. Those who are not Mexican nationals, that we apprehend in one area on the border have to be transported to another area or city on the border to be deported.
Due to the increased number at the border we have to transport some to CBP at our northerner border for processing.
All of that caused our working system, that saw a 17 year decline in southern border crossings to the lowest point in 50 years, prior to Trump and his policies. By 2019 Trumps policies doubled that number to 977,000. The highest in 20 years. It was only reduced for the first 9 months of 2020 due to covid. By October of 2020 it was back to a monthly 20 year high and it has remain a 20 year high and increasing ever since.
1
-
1
-
1
-
1
-
1
-
1
-
1
-
1
-
1