Comments by "Scott Farner" (@scottfarner5100) on "WATCH: House Republicans Square Off With Democrats Over Biden Admin Border Policies" video.
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@SirRizzALot997 East Bay Sanctuary vs Trump. Page 21 of the federal courts decision when they reversed Trumps policy of separating children from asylum seekers who crossed the border between check points.
"Congress’s determination that place of entry not be disqualifying to an application for asylum is consistent with the treaty obligations underlying §1158’s asylum provisions. Congress enacted the Refugee Act of 1980, including 8 U.S.C. §1158, “to bring United States refugee law into conformance with the 1967 United Nations Protocol Relating to the Status of Refugees, 19 U.S.T. 6223, T.I.A.S. No. 6577, to which the United States acceded in 1968.”
Because the Protocol is not “self-executing,” it “does not have the force of law in American courts.” Khan v. Holder, 584 F.3d 773, 783 (9th Cir. 2009). Nonetheless, it provides “a useful guide in determining congressional intent in enacting the Refugee Act.” Id.(citation omitted); see also Cardoza-Fonseca, 480 U.S. at 436-37.Of particular relevance here, Article 31of the Protocol provides: The Contracting States shall not impose penalties, on account of their illegal entry or presence, on refugees who, coming directly from a territory where their life or freedom was threatened in the sense of [A]rticle 1, enter or are present in their territory without authorization, provided they present themselves without delay to the authorities and show good cause for their illegal entry or presence.19 U.S.T. at 6275 (emphasis added).Considering the text and structure of the statute, as well as the interpretive guide of the U.N. Protocol, reveals Congress’s unambiguous intent. The failure to comply with entry requirements such as arriving at a designated port of entry should bear little, if any, weight in the asylum process. The Rule reaches the opposite result by adopting a categorical bar based solely “[a]n alien present in the United States who has not been admitted 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) shall be deemed for purposes of this chapter an applicant for admission.” Inadmissible aliens are generally placed in full removal proceedings"
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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.
Title 42 suspended title 8 laws and authority use 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.. .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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