Comments by "Scott Farner" (@scottfarner5100) on "Forbes Breaking News"
channel.
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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 removed most authorities under title 8 suspending asylum under 1158 and removing penalties under 1325, and most importantly 1326. Title 42 was being misused to undermines our legal asylum laws and immigrants are placed in expedited removal. With no penalty system in place under title 42, as expedited removal replaced 1325, there was no record of apprehension to use stiffer penalties against those who recrossed under 1326. 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 repeat 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 news 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 if they have passed a creditable fer interview, 8 US code 1225. 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 who use a port of entry and pass a creditable fear interview, to wait in Mexico at the hands of cartels and traffickers, causing more suffering for legal asylum seekers and migrant children.
After Biden took office Courts changed the title 42 restrictions to allow unaccompanied minors and family units with children under 4 that are apprehended, are automatically entered into our asylum process. Unaccompanied minors 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. The increase of unaccompanied minors came after Trumps separation policies and remain in Mexico.
Single adults were still all placed in expedited removal under title 42 until May of 2023. They are responsible for the increased in repeat offenders recrossing under title 42 lack of penalty. Title 42 was 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, or be placed in deportation removal if they do not.
Family units entry depended on the title 42 restrictions for children and asylum request and along with how they entered and if they are sponsored. 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 immigrants 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 11+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. 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, several months before Biden took office, and it has remained a 20 year high and increasing ever since.
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Title 42 suspended title 8 laws and authority used to deter and penalize illegal border crossing. The Right was using it to undermine legal asylum under 8 US code 1158. It also suspended 8 US code 1325; the misdemeanor that carries a civil penalty for crossing the border illegally. And 8 US code 1326; stiffer penalties for crossing the border after deportation That left out any legal penalty or deterrent for those crossing and stopped legal asylum, with few exceptions under title 42. Makes it difficult to enforce immigration laws when Republicans are fighting in court to undermine our legal enforcement. With title 42 suspending enforcement many immigrants re-crossed multiple times causing apprehension numbers to be inflated. The current rate of multiple returns was about 40% of border crossers.
We had a 11 year decline in southern border crossing to the lowest point in 50 years prior to Trump and his polices. By 2019 Trumps policies doubled the number of people crossing the southern border to 977,000. He only saw a reduction for the first 9 months of 2020 due to covid, before it went back to a 20 year monthly high in October of 2020. It has remained a 20 year high and increasing ever since under Trumps failed policies and Title 42.
Due to false claims of voter fraud, asylee’s not showing up for court, criminal activity, and just right wing claims used to breed hate. The Right has unilaterally decided to undermine legal asylum. And have dubbed it as an open border policy and fed that buzz word to a right wing base who have no understanding of immigration laws. Trumps zero tolerance policy to separate children, Remain in Mexico, Title 42. All attempts to stop legal asylum under US laws that have been in place for over 40 years. Yet now using it to trigger a base that is now openly full of hate on immigrants and this hate is now fed by GOP governors feeding off of that for votes from GOP supporters who immoral views support separating children as a deterrent, use of lethal force, lying to immigrants to ship them to dem cities to stick it to libs, incarceration, placing them in the hands of traffickers. All because of immigrants who may or may not have violated a misdemeanor that carries a civil penalty. And the Right wing base just does not understand our law. Trumps immoral policies were violating US law by snatching children from legal asylum seeks as a deterrent. Harris was never appointed as border czar. There are no 85000 missing children and no they cannot use their drivers license to vote. The Right does nothing but lie.
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