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DOJ and DHS Issue New Asylum Rule

Old 11-08-2018, 07:08 PM
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Default DOJ and DHS Issue New Asylum Rule

DOJ and DHS Issue New Asylum Rule

Applies President’s authority to suspend entry to asylumActing Attorney General Matthew Whitaker and Department of Homeland Security Secretary Kirstjen Nielsen today announced an Interim Final Rule declaring that those aliens who contravene a presidential suspension or limitation on entry into the United States through the southern border with Mexico issued under section 212(f) or 215(a)(1) of the Immigration and Nationality Act (INA) will be rendered ineligible for asylum.

The Acting Attorney General and the Secretary issued the following joint statement:

“Consistent with our immigration laws, the President has the broad authority to suspend or restrict the entry of aliens into the United States if he determines it to be in the national interest to do so. Today's rule applies this important principle to aliens who violate such a suspension or restriction regarding the southern border imposed by the President by invoking an express authority provided by Congress to restrict eligibility for asylum. Our asylum system is overwhelmed with too many meritless asylum claims from aliens who place a tremendous burden on our resources, preventing us from being able to expeditiously grant asylum to those who truly deserve it. Today, we are using the authority granted to us by Congress to bar aliens who violate a Presidential suspension of entry or other restriction from asylum eligibility.”

Section 212(f) of the Immigration and INA states that “[w]henever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate.”

Further, Section 215(a) of the INA states that it is “unlawful…for any alien to depart from or enter or attempt to depart from or enter the United States except under such reasonable rules, regulations, and orders, and subject to such limitations and exceptions as the President may prescribe.”

In Section 208(d)(5)(B) of the INA, Congress specified that the Attorney General “may provide by regulation for any other conditions or limitations on the consideration of an application for asylum.”

Today’s new rule applies to prospective presidential proclamations, and is not retroactive.

Asylum is a discretionary form of relief granted by the Executive Branch on a discretionary basis to those fleeing persecution on the basis of their race, religion, nationality, membership in a particular social group, or political opinion. The rule does not render such aliens ineligible for withholding of removal under the INA or protection from removal under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.



The Interim Final Rule can be found here.

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Old 11-08-2018, 07:13 PM
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Good. This is what happens when you intentionally abuse a privilege.
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Old 11-08-2018, 07:19 PM
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I won't pretend I know what that all means, because I don't. Hopefully it's bureaucratic speak for "if you don't follow the rules and present yourself at a processing center on the border and wait your turn, then getting caught after the fact of illegally entering the country, it disqualifies you now and forever from being granted asylum." Or something like that.
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Old 11-08-2018, 07:20 PM
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Excellent.
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Old 11-08-2018, 07:28 PM
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So......we now have an A.G. who does his job. If liberal judges block it.....write another rule...…...repeat.
.

Last edited by doorgunner; 11-08-2018 at 07:30 PM.
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Old 11-08-2018, 07:28 PM
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Originally Posted by Gordon Shumway View Post
I won't pretend I know what that all means, because I don't. Hopefully it's bureaucratic speak for "if you don't follow the rules and present yourself at a processing center on the border and wait your turn, then getting caught after the fact of illegally entering the country, it disqualifies you now and forever from being granted asylum." Or something like that.

That's how I read it.
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Old 11-08-2018, 07:54 PM
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Old 11-08-2018, 08:23 PM
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Originally Posted by Gordon Shumway View Post
I won't pretend I know what that all means, because I don't. Hopefully it's bureaucratic speak for "if you don't follow the rules and present yourself at a processing center on the border and wait your turn, then getting caught after the fact of illegally entering the country, it disqualifies you now and forever from being granted asylum." Or something like that.
That's the gist of it.
It also says F you if you don't like it because we already went to the Supreme Court and you won't be changing anything about this ruling. Here, we will even bold the parts that the Supreme Court held up so there isn't any mistake.
Originally Posted by doorgunner View Post
So......we now have an A.G. who does his job. If liberal judges block it.....write another rule...…...repeat.
.
There won't be any judges doing a damn thing.

Last edited by K-Spaz; 11-08-2018 at 08:25 PM.
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Old 11-08-2018, 08:40 PM
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Seems Legit to me!
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Old 11-08-2018, 08:54 PM
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Excellent...
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Old 11-08-2018, 08:58 PM
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Libbie heads will continue to explode. Those are all Dem votes being turned away. MAGA
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Old 11-08-2018, 09:14 PM
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The true final rule is open to change from public comment, so it's just the formal step to provide immediate jurisdiction and guidelines until the final rule is published.

If a Democratic Party lead House in Congress can be goaded into passing a Legal Immigration Reform Bill, this Rule would be one way to get them off their butts to legislate.
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Old 11-08-2018, 11:10 PM
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About time something good started happening.
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Old 11-08-2018, 11:40 PM
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And a court injunction is announced in 5......4.......3...........
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Old 11-08-2018, 11:49 PM
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Originally Posted by Fastbird View Post
And a court injunction is announced in 5......4.......3...........
Without a doubt.

I hope the left enjoys this latest move, because they're in for a lot more of this over the next two years.
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Old 11-08-2018, 11:50 PM
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Good! They need to do something. Newspaper says it cost $13 million a MONTH to store, house and take care of a group of illegals in the Houston area. Anybody in on that fat go dri contract ?
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Old 11-08-2018, 11:59 PM
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Originally Posted by tikiman View Post
Good. This is what happens when you intentionally abuse a privilege.
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Old 11-09-2018, 01:19 AM
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Nothing to say... I'll just
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Old 11-09-2018, 07:03 AM
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Sessions fully wasted 2 years at doing not a damn thing in reality...the crooks are still shopping on weekends on 5th Ave for sure...I wonder how he will be treated in Bama when he returns home to his rocking chair? He should invite Ginsburg so she can rehab at the farm with him and both can ponder their remaining days. Make a fine couple sitting on the porch pondering of course...he sure as hell did a fine job for the RINO's and Dem's running interference. Beauregard is now loved by the left along with Mueller of course. Go figure and ponder that one Jeff...should tell you a little about yourself.

Last edited by rshaneck2002; 11-09-2018 at 07:08 AM.
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