Comments by "Scott Farner" (@scottfarner5100) on "'We Have Precedents Against You': Kavanaugh Grills Biden Lawyer On Immigration Enforcement" video.

@richardneubauer3365 no it did not.
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@jeffrecon1 yes and currently due to Republicans those laws are know longer in effect. I believe I mentioned that specifically in my first comment. Title 8 authority had been suspended. Can't enforce 8 us code 1325 when it n o longer exist as long as title 42 is in place. Try reading my comments .
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Republicans want to keep title 42 in place. Title 42 suspends all title 8 laws and authority. The Right is using it to once again undermine legal asylum, 8 US code 1158. It also suspends 8 US code 1325; the misdemeanor that carries a civil penalty for crossing the border. And 8 US code 1326; stiffer penalties for crossing the border. That leaves out any penalty or deterrent for those crossing. All we can do is deport, and many re-cross again with no penalty in place. That causes our apprehension numbers to be inflated and the get away numbers to be inflated....
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Trump ignored and undermined immigration laws, while the Right forces title 42 to stay in place. Title 42 suspends title 8 authority in our immigration laws.
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That's what Trump and the Right have been trying to do for years. Same to ya Republicans want to keep title 42 in place. Title 42 suspends all title 8 laws and authority. The Right is using it to once again undermine legal asylum, 8 US code 1158. It also suspends 8 US code 1325; the misdemeanor that carries a civil penalty for crossing the border. And 8 US code 1326; stiffer penalties for crossing the border. That leaves out any penalty or deterrent for those crossing. All we can do is deport, and many re-cross again with no penalty in place. That causes our apprehension numbers to be inflated and the get away numbers to be inflated....
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@kirstinalphabet796 Your are confusing an influx of Somalian Refugee's , with asylum seekers at the border. Different rules apply.
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@libertyfreepress7432 current immigration laws would also include our 1980 INA laws that is the base of our title 8 immigration authority. The IIRIRA is an expansion and change to some of those laws, and have happened in 1986, 1996, 2002, and 2006.
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Trump often violated immigration law that congress put in place .
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@MrMSBranham Trumps zero tolerance policy was charging legal asylum seekers with a crime and separating their children for crossing the border between check points. That violated US code 1158. It was reversed in federal court 4 years ago in East Bay Sanctuary vs Trump. Remain in Mexico policy is in violation of US code 1158 section 1225, and was briefly discussed in this clip.
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@MrMSBranham Republicans want to keep title 42 in place. Title 42 suspends all title 8 laws and authority. The Right is using it to once again undermine legal asylum, 8 US code 1158. It also suspends 8 US code 1325; the misdemeanor that carries a civil penalty for crossing the border. And 8 US code 1326; stiffer penalties for crossing the border. That leaves out any legal penalty or deterrent for those crossing. All we can do is deport, and many re-cross again with no penalty in place. That causes our apprehension numbers to be inflated and the get away numbers to be inflated....
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@MrMSBranham The Biden administration is not continuing it. I love how you know nothing that is going on yet, so simply reject irrefutable facts due to your tribsalism.
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@MrMSBranham "As of March 2022, over 1.6 million single adults, nearly 200,000 individuals in a family unit, and nearly 16,000 unaccompanied minors have been expelled cumulatively under Title 42. The number of family expulsions under Title 42 also grew between FY2020 and FY2021, while expulsions of unaccompanied minors decreased, reflecting their exemption from the policy beginning in February of 2021. These encounter counts reflect repeat encounters with individuals, as each attempt by the same individual to cross the border is counted as a new encounter.28 In the last 6 months of 2021, a quarter of the encounters under Title 42 were of the same individuals on multiple occasions, with recidivism rates under the authority being at their highest levels in over a decade. While Title 42 is intended COVID-19 exposure risk at the border, it has led to an increasing number of encounters at the border. This is in large part because, unlike Title 8, migrants apprehended under Title 42 are immediately expelled and, consequently, those with repeat encounters do not face any penalties and may make repeated attempts to cross."
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East Bay Sanctuary Vs Trump, It's the court case that reversed Trumps policy on requiring asylum seekers to use a port of entry or face jail and separations. Trump attempted to put a stay on this reversal that was denied. Page 19-21 of the courts findings and decision. "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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@jeffrecon1 Actually the manner in which they are seeking asylum is legal, and confirmed in federal court. The AG does have some authority, that does not extend to charging them with a crime and separating their children. He can deny their claims, but he can’t penalize them for crossing the border to make the request. Asylum can not be made at a consulate or embassy, and crossing between check points and requesting asylum is same as if they used a port of entry. It clearly stats it “whether or not at a designated port of arrival”. The third country exception is pursuant to a bilateral agreement. We need to have a treaty with countries south of us showing they can provide a safe haven. We have one with Canada, but not Mexico. A Trump appointed judge stopped the use of that 4 years ago. If an asylums seeker does not qualify, they are deported, they still have a right to the process, and the Republicans want’s to deny that right.
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@jeffrecon1 appearantly you don't have a clue what the law is.
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@jeffrecon1 Wtf are you blabbering about? Yeah I know how laws are created. Trumps zero tolerance polices, were in violation of the law as it was undermining legal asylum that's why the courts removed it. Republicans are now forcing title 42 to stay in place so it to can undermine asylum and at the same time suspends all title 8 law. What don't you understand?
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US code 1158 section 1125. Asylum seekers are to be detained in country and not remain in Mexico. We also do not have the funds from congress to deport all .
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Trumps immigration policies often violated laws place by congress.
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It's difficult to enforce title 8 immigration laws when Republicans are forcing title 42 to stay in place and it suspends title 8 authority and penalties.
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Republicans want to keep title 42 in place. Title 42 suspends all title 8 immigration laws and authority. The Right is using it to once again undermine legal asylum, 8 US code 1158. It also suspends 8 US code 1325; the misdemeanor that carries a civil penalty for crossing the border. And 8 US code 1326; stiffer penalties for crossing the border. That leaves out any penalty or deterrent for those crossing. All we can do is deport, and many re-cross again with no penalty in place. That causes our apprehension numbers to be inflated and the get away numbers to be inflated....
1
Republicans want to keep title 42 in place. Title 42 suspends all title 8 laws and authority. The Right is using it to once again undermine legal asylum, 8 US code 1158. It also suspends 8 US code 1325; the misdemeanor that carries a civil penalty for crossing the border. And 8 US code 1326; stiffer penalties for crossing the border. That leaves out any penalty or deterrent for those crossing. All we can do is deport, and many re-cross again with no penalty in place. That causes our apprehension numbers to be inflated and the get away numbers to be inflated....
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