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Sue and settle fricks US immigration policy for 8 years

Posted on 12/9/23 at 3:06 pm
Posted by udtiger
Over your left shoulder
Member since Nov 2006
99102 posts
Posted on 12/9/23 at 3:06 pm
LINK

quote:

A federal judge in California on Friday approved a court settlement that will prohibit federal U.S. border officials from reviving the Trump-era "zero tolerance" family separation policy for the next eight years.

Under the settlement between the American Civil Liberties Union and the Biden administration, the federal government will be barred from separating migrant families solely for the purposes of prosecuting the parents for entering the U.S. illegally. There are limited exceptions to the eight-year ban, such as when a parent poses a risk to their children.


This post was edited on 12/9/23 at 3:07 pm
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
423363 posts
Posted on 12/9/23 at 3:22 pm to
Remain in Mexico is a much more important/effective policy. This one was more punitive than effective.

The problem is asylum, which is mandated by our international agreements.

We'd basically have to withdraw from the Geneva Convention to effectively do anything about asylum abuse.
Posted by udtiger
Over your left shoulder
Member since Nov 2006
99102 posts
Posted on 12/9/23 at 3:25 pm to
quote:

We'd basically have to withdraw from the Geneva Convention to effectively do anything about asylum abuse


That or state suicide?

Seems like an easy decision
Posted by C
Houston
Member since Dec 2007
27830 posts
Posted on 12/9/23 at 3:27 pm to
How are people from other countries allowed to pass through Mexico to seek asylum? Shouldn’t asylum be at the first “safe” place they come to? Explain it to me like I’m 42
Posted by Deplorableinohio
Member since Dec 2018
5617 posts
Posted on 12/9/23 at 3:27 pm to
No. Asylum law requires oppressed to stay in first country they come where they are not persecuted. That means Mexico for the most part.
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
423363 posts
Posted on 12/9/23 at 3:28 pm to
Or regulating ports of entry, which Remain in Mexico does, which is why it's much more important than spitting up families who've already made it here.

Or we could just invest in Central America and Gain exponentially more benefits without the risk of economic migration being so alluring. Better them than China.
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
423363 posts
Posted on 12/9/23 at 3:29 pm to
quote:

Asylum law requires oppressed to stay in first country they come where they are not persecuted

I don't think many countries rely on that interpretation including US courts.
Posted by M. A. Ryland
silver spring, MD
Member since Dec 2005
2051 posts
Posted on 12/9/23 at 3:45 pm to
quote:

Under the settlement between the American Civil Liberties Union and the Biden administration


A future administration should not recognize this as binding in any way.
The Biden administration has no constitutional authority to obligate a future administration except through legislation (changing the law) or by treaty (which requires ratification by the Senate).
Posted by Tandemjay
Member since Jun 2022
2447 posts
Posted on 12/9/23 at 3:46 pm to
DNA testing to prove relation was also thrown out.
What a waste of voting GOPe, who for 30 years campaigned on fixing this.
Posted by LRB1967
Tennessee
Member since Dec 2020
15807 posts
Posted on 12/9/23 at 3:49 pm to
If family separation is not allowed then it is imperative that those families not be allowed to enter the U.S. at all. The British government had the idea to send asylum seekers to Rwanda as a safe third country. Perhaps the U.S. Government could make a similar deal.
Posted by FightinTigersDammit
Louisiana North
Member since Mar 2006
34814 posts
Posted on 12/9/23 at 3:50 pm to
ACLU may as well be part of the Biden administration. They are negotiating with themselves.
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
423363 posts
Posted on 12/9/23 at 3:50 pm to
quote:

A future administration should not recognize this as binding in any way.

I think we'll keep protecting the rule of law.

quote:

The Biden administration has no constitutional authority to obligate a future administration except through legislation

This is not true. It's going to lead to a court order.

You're arguing that administrations can ignore court orders.
Posted by dgnx6
Baton Rouge
Member since Feb 2006
68889 posts
Posted on 12/9/23 at 3:54 pm to
quote:

Remain in Mexico is a much more important/effective policy. This one was more punitive than effective. The problem is asylum, which is mandated by our international agreements. We'd basically have to withdraw from the Geneva Convention to effectively do anything about asylum abuse.



Why do you do this? Nothing actually says we have to take people that are coming from all over the world.

In reality a lot of the past and present Central Americans should seek asylum in the nearest country. So like Mexico, which isn’t a poor country stacked up to all countries.

And we sure as hell shouldn’t be taking people from anywhere across the Atlantic or pacific.



Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
423363 posts
Posted on 12/9/23 at 3:58 pm to
quote:

Why do you do this? Nothing actually says we have to take people that are coming from all over the world.

If they claim asylum, we do, under the Geneva convention. Like I said, "We'd basically have to withdraw from the Geneva Convention to effectively do anything about asylum abuse."

quote:

In reality a lot of the past and present Central Americans should seek asylum in the nearest country. So like Mexico, which isn’t a poor country stacked up to all countries.

Like I said, "Remain in Mexico is a much more important/effective policy."

quote:

And we sure as hell shouldn’t be taking people from anywhere across the Atlantic or pacific.


Irrelevant
Posted by Deplorableinohio
Member since Dec 2018
5617 posts
Posted on 12/9/23 at 4:07 pm to
It’s the law.
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
423363 posts
Posted on 12/9/23 at 4:10 pm to
quote:


It’s the law.


Cite me the binding cases that you're relying on to make that claim.
Posted by Icceytiger
Princeton, NJ
Member since Aug 2010
1986 posts
Posted on 12/9/23 at 4:15 pm to
quote:

Trump-era "zero tolerance" family separation policy for the next eight years.


Don't they know this started under Obama... lol
This post was edited on 12/9/23 at 4:17 pm
Posted by Bjorn Cyborg
Member since Sep 2016
26911 posts
Posted on 12/9/23 at 4:20 pm to
quote:

We'd basically have to withdraw from the Geneva Convention to effectively do anything about asylum abuse.


Who defines asylum? Because I don’t have a huge problem with actual asylum, which 99.9 percent of the “seekers” don’t qualify.

Your country being a shithole isn’t asylum.
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
423363 posts
Posted on 12/9/23 at 4:22 pm to
quote:

Who defines asylum?

The Geneva Convention and courts interpreting our treaties.

quote:

Because I don’t have a huge problem with actual asylum, which 99.9 percent of the “seekers” don’t qualify.

Your country being a shithole isn’t asylum.

You're correct, but that's fraudulent asylum, which still involves due process to determine the fraud. That's the "asylum abuse" referenced in the stuff you quoted above.
Posted by Bjorn Cyborg
Member since Sep 2016
26911 posts
Posted on 12/9/23 at 10:42 pm to
quote:

The Geneva Convention and courts interpreting our treaties.


There’s no way every country who signed it is enforcing it the same way. Our courts are just taking the most liberal interpretation possible.

We could definitely make major changes and still abide by the treaty.
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