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In a legal setback for the Trump administration's immigration policies, a federal judge in Washington, D.C., has ruled that the government may not arbitrarily detain people seeking asylum.
The ruling comes in a case challenging the administration's policy of detaining people even after they have passed a credible fear interview and await a hearing on their asylum claim.
The lead plaintiff in the case is a teacher from Haiti, Ansly Damus, who has been confined in Ohio for more than a year-and-a-half. He fled his homeland fearing violence and political persecution and asked for asylum in the United States. An immigration judge granted him asylum not just once, but twice. But Damus remains locked up indefinitely as the government appeals those decisions.
U.S. District Judge James Boasberg, in his 38-page opinion, said that U.S. Immigration and Customs Enforcement violated its own procedures by not granting Damus release under what's known as humanitarian parole.
"This Opinion does no more than hold the Government accountable to its own policy, which recently has been honored more in the breach than the observance. Having extended the safeguards of the Parole Directive to asylum seekers, ICE must now ensure that such protections are realized," Judge Boasberg wrote.
(Score: 5, Informative) by Runaway1956 on Wednesday July 04 2018, @04:20PM (23 children)
Yup.
People have a hard time understanding that there are three branches of government. The executive is not the lapdog of the judicial. Nor is the legislative the lapdog of the executive. And, the judicial isn't supposed to be lapdog to either of the others. They each hold some powers, independently of the others.
Some dipshit activist judge tells the Chief Executive that he can't do something, it's just so much chickenshit nonsense. If/when the Supremes come down with a decision, then it means something.
Congress held all power to immigration issues, until they voted to vest all of that power in the executive. Today, according to congressional decree, Trump holds ALL POWER when it comes to immigration. That's the way it is. To actually do something that is "unconstitutional", he would have to go to extreme lengths to find some angle to violate.
No local, state, or federal judge has the authority to override the executive, except those 9 Supremes. Enjoy these three Supremes - https://www.youtube.com/watch?v=VXWEAR0B17I [youtube.com]
(Score: 0) by Anonymous Coward on Wednesday July 04 2018, @04:28PM (17 children)
dipshit professionals doing their job upholding laws regarding human rights.
You're only disparaging them because they decide against how you would *like* the world to be.
You complete and utter hypocrite.
(Score: 3, Touché) by The Mighty Buzzard on Wednesday July 04 2018, @04:50PM
I know we don't like to RTFA around here but you didn't even RTFSummary. It's a policy not a law.
My rights don't end where your fear begins.
(Score: 3, Insightful) by Runaway1956 on Wednesday July 04 2018, @04:59PM (15 children)
You brainless Cretin - it is not a "human right" to become an American citizen. Becoming a US citizen is a PRIVILEGE - one that we can bestow on whomever we choose. Choose being the key word there. We didn't choose you, because you're such an imbecile. Now, you need to go about the business of sheep herding over there on your home island of Crete. And, please, stop sexually abusing those poor beasts!
(Score: 5, Insightful) by Anonymous Coward on Wednesday July 04 2018, @05:50PM (14 children)
Wow, moron alert!
No one said anything about open borders and letting all immigrants get citizenship, we ARE talking about humane treatment of people. No need to lock them up, no need to separate families. You are conflating issues and applying the most extreme positions just so you can get your rage boner on.
Fuck you Runaway and the rest of you fucks around here that tacitly endorse such inhumane abuses. Go immigrate to North Korea, you'll enjoy their heavy handed approach.
(Score: 4, Insightful) by jmorris on Wednesday July 04 2018, @06:44PM (12 children)
Someone invades our country, we lock them up until we can deport them. What could anyone possibly find objectionable in that? Yet people do. Curious. When pressed most assure everyone they don't support open borders... yet there are zero concrete examples where they would support deportation, each case gets an argument why it would be wrong to not instantly hand them citizenship papers, an EBT card and a voter ID.
(Score: 1, Touché) by Anonymous Coward on Wednesday July 04 2018, @07:03PM
You should get a horse or a cow, might help with all that straw you're having so much trouble with.
(Score: 4, Touché) by Anonymous Coward on Wednesday July 04 2018, @07:17PM (3 children)
Unless they're a Slovenian porn model. Then we make them Queen.
(Score: 3, Interesting) by jmorris on Wednesday July 04 2018, @07:36PM (1 child)
She didn't invade, she asked for permission to enter and bagged herself a billionaire while she was here to work. You go girl!
While I support an almost total shutdown of all immigration for at least a generation to allow an attempt to assimilate the millions of people who lack even a semblance of loyalty to America and the ideas the country is based upon, I think I could support an exception for as many hot supermodels as want to come here looking for an anchor husband. :) If ya under thirty and a 9 or better, come on in and help improve our gene pool. What better way to truly Make America Great Again? Can I get an Amen?
(Score: 3, Informative) by Anonymous Coward on Wednesday July 04 2018, @09:49PM
Does that make her eligible for retroactive action?
(Score: 2, Troll) by Ethanol-fueled on Wednesday July 04 2018, @07:37PM
Somebody's salty that he doesn't have enough money to attract a pretty Russian or Eastern-European gold-digger to wear like arm-candy.
(Score: 1, Troll) by Ethanol-fueled on Wednesday July 04 2018, @07:42PM (3 children)
Yeah, Even Europe, the shining example of open-borders experiments, is going to go full-14/88 in deporting their troublesome migrants, scuttling the NGOs' ships, and putting those migrants in camps in North Africa.
Makes me wonder if the experiment was an inoculation the whole time -- an injection that makes you sick up-front, but conditions your body to reject the pathogens in the future. We have tried to let the savages join civilization and integrate in exchange for safety and comfort, and they have failed spectacularly. Back to the depths of the Underworld to which the vermin belong!
(Score: 0) by Anonymous Coward on Wednesday July 04 2018, @07:44PM
How's the weather down there?
(Score: 1, Flamebait) by jmorris on Wednesday July 04 2018, @07:51PM (1 child)
Nah, the Globalists really thought they could just ram this policy onto us and we would be overwhelmed and past the point where we could stop it before enough people woke up to the danger enough to be willing to be called a racist for objecting. Thankfully their pets were just a little too violent for people to stay asleep that long. They should have left out the Muslims and stuck to Sub-Saharan Africa, Asia, India, etc. for aliens to 'enrich' Europe with. Looks like Europe is going to wake up in time to save itself. America's fate is still more doubtful because we already have such a large percentage of invaders already.
(Score: 0) by Anonymous Coward on Wednesday July 04 2018, @08:07PM
"this policy"? You mean the policy that was already in place saying they should release the asylum seeker after a review finding in his favor? Oh yeah, that globalist conspiracy is super scary!! Seems that straw man arguments are all you can fight against, apropos.
(Score: 0) by Anonymous Coward on Wednesday July 04 2018, @08:25PM (1 child)
Someone sells out your country to a foreign adversary, and you grant them bail. Someone shoots up a school or a church or a mall or a nightclub, and you grant them bail. As long as they are American. A foreigner? They are a danger to everything in America and you can barely raise your gun, and wave your flag, fast enough. But an American? They can kill as many as they want and your kind doesn't make a peep or lift a finger in protest.
To you a patriot is anyone who lets America be undermined or killed from within. But someone whose skin isn't as light as yours? Ban them, condemn their religion (until you find out its Christianity) and send them away (no matter where they were born) ... that is if your police don't kill them first.
The people who were here before you were darker than you. The people who are going to replace you are darker than you. You should flee while you can. Don't think your "alt right" will stop them. They come from countries where guerrillas and militias recruit members when they are children.
(Score: 0) by Anonymous Coward on Thursday July 05 2018, @06:47PM
Most of those types of people you mentioned don't get bail, as they are classified as dangerous or flight risks.
(Score: 3, Insightful) by Arik on Thursday July 05 2018, @02:43AM
The last time that happened was 1812.
FFS lay off on the hyperbole.
If laughter is the best medicine, who are the best doctors?
(Score: 2) by DeathMonkey on Thursday July 05 2018, @06:07PM
No one said anything about open borders and letting all immigrants get citizenship,
Well, other than the Libertarians that most of our Conservative posters pretend to be...
A truly free market requires the free movement of people, not just products and ideas. [lp.org]
(Score: 3, Interesting) by jmorris on Wednesday July 04 2018, @06:13PM (1 child)
Not even the 9 Supremes. The SCOTUS only gets to write laws when enough of the other two branches quietly agree with what they are doing but are afraid of the political backlash of saying so in public. Anything SCOTUS does can either be overruled with a law signed by POTUS, cured for good with removal of the overreaching Justices or simply ignored as a "silly thing." They have no power to enforce their edicts other than an accumulated reserve of good will and popular respect.
It is far past time to force them to expend as much of those reserves as possible with each lawless ruling. Which is probably why almost every important ruling at SCOTUS has went Trump's way and will continue doing so. They know just how precarious their position is, just how far out over their skis they have leaned these past lawless decades. Vulnerable. They know that if they piss off Trump he would start abusing THEM at his rallies and quickly drive their public approval ratings down toward CNN levels with his ability to explain Washington in ways normies understand. At which point he really could simply call one of their more zany rulings a "silly thing" and when he gets away with ignoring it their power would be broken for generations. It isn't the best solution, it would do great violence to the stability of our government; but had they refused to see reason and moderate it would have been the least bad option. Hopefully enough Justices retire that a more permanent solution can be implemented.
(Score: 0) by Anonymous Coward on Thursday July 05 2018, @06:46PM
You really see the executive branch ignoring the constitution and the power of the judicial as a good thing?
This is why Trump supporters scare the crap out of the rest of us. You seem to want to kowtow to the feet of the emperor so badly you can't see why that is not the way to live.
(Score: 5, Insightful) by Arik on Wednesday July 04 2018, @07:07PM (1 child)
If laughter is the best medicine, who are the best doctors?
(Score: 1, Insightful) by Anonymous Coward on Wednesday July 04 2018, @07:35PM
At least something good might come out of that clown factory.
(Score: 2) by krishnoid on Wednesday July 04 2018, @11:59PM
Good thing, too. I'd have a tough time visualizing all three of those being the case.