Comments by "Scott Farner" (@scottfarner5100) on "GOP Senator Warns Biden Over Border Insecurity" video.

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  7.  @federalistpapers4523  Title 42 suspends all title 8 laws and authority use to deter and penalize illegal border crossing. The Right is using it to undermine legal asylum under 8 US code 1158. It also suspends 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. That leaves out any legal penalty or deterrent for those crossing and stops 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 that means many immigrants recross multiple times causing apprehension numbers to be inflated. The current rate of multiple returns is about 40% of border crossers.... We had a 17 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 9877,000 a 20 year high. 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. There is no border czar that is something the Right made up. The Right has done nothing but lie about everything going on at the border and what our laws are, and created policies to undermine our laws and in the process created a refugee crisis at our border instead of the orderly immigration under our laws that we had before Trump. We have people who show up at the border who are on no fly list or terrorist watch list. That is not the same thing as being a terrorist. We have US citizens on those same list. No different then at any other time at our border.
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  12.  @chuck2306  8 U.S. Code § 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. 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 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. After he lost his appeal in court Trump released an Executive Order to stop the child separations for all family units in violation of US code 1325, even though he didn't use an executive order to create the zero tolerance policy memorandum that caused the separations. Then in the same EO blamed Congress for the separation policy he created.
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