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Federal judge rules Biden’s lax deportation policy is illegal

Doug64

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Homeland Security Secretary Alejandro Mayorkas broke the law when he wrote rules limiting which illegal immigrants can be detained or deported, a federal judge ruled Tuesday, slapping an injunction on ICE that will limit its ability to pick and choose whom to target.

Judge Michael J. Newman’s decision is a serious blow to the Biden administration. From its first days in office, the administration has tried to narrow the pool of illegal immigrants in danger of deportation by U.S. Immigration and Customs Enforcement.

Judge Newman said Congress was clear in setting out classes of illegal immigrants who it thought should be mandatory targets and Mr. Mayorkas can’t unilaterally change those.

“DHS contends that seemingly mandatory statutes must be read flexibly to permit efficient law enforcement. At bottom, that is what this dispute is about: can the executive displace clear congressional command in the name of resource allocation and enforcement goals? Here, the answer is no,” wrote the judge, a Trump appointee to a federal court in Ohio.

The Biden administration* has been saying ever since the election that they want to ignore noncriminal illegal migrants to focus on the criminals. That is a lie--as Stephen Dinan points out in the article, detainer requests, arrests, and deportations of criminal illegal migrants are all way down. The truth is that the Biden administration* simply doesn't want to enforce our border laws at all, and have been looking for any excuse not to. But as Judge Newman points out, the administration* doesn't refuse to enforce a law duly passed by Congress just because it doesn't like the law.
 
Sort of like Trump just violating treaties in defiance of article VI of the US Constitution?

That sort of thing, Doug?
 
Sort of like Trump just violating treaties in defiance of article VI of the US Constitution?

That sort of thing, Doug?
First response is Trump Derangement Syndrome. Damn, I would have bet money it would have been someone complaining about VISA overstays.
 
Sort of like Trump just violating treaties in defiance of article VI of the US Constitution?

That sort of thing, Doug?

Which treaties do you have in mind?
 


The Biden administration* has been saying ever since the election that they want to ignore noncriminal illegal migrants to focus on the criminals. That is a lie--as Stephen Dinan points out in the article, detainer requests, arrests, and deportations of criminal illegal migrants are all way down. The truth is that the Biden administration* simply doesn't want to enforce our border laws at all, and have been looking for any excuse not to. But as Judge Newman points out, the administration* doesn't refuse to enforce a law duly passed by Congress just because it doesn't like the law.
Just say it like it is. Biden is doing the liberal bidding. The democrats believe if they aid millions of illegals to get into the country and then give them the right to vote, and may or may not make them citizens, those folks will vote for democrats. You best bellieve that if the democcrats believed these once illegal immigrants were voting Republican, the border would be locked down tighter than Fort Knox.
 
The Biden administration* has been saying ever since the election that they want to ignore noncriminal illegal migrants to focus on the criminals. That is a lie--as Stephen Dinan points out in the article, detainer requests, arrests, and deportations of criminal illegal migrants are all way down. The truth is that the Biden administration* simply doesn't want to enforce our border laws at all, and have been looking for any excuse not to. But as Judge Newman points out, the administration* doesn't refuse to enforce a law duly passed by Congress just because it doesn't like the law.
The ruling doesn't fit your headline, and your own editorializing. When the content of the story appears in the Washington Post, instead of the Washington Times, it might have more credibility.
 
First response is Trump Derangement Syndrome. Damn, I would have bet money it would have been someone complaining about VISA overstays.
There are some real issues with some. My brother is like that. Everything Trump Trump Trump. He’s afraid Trump will hunt him down if re-elected. Real bizarre stuff. Haley’s comet chaser- tennis shoes stuff. Real science true pocket protector warriors
 
The executive has broad powers when it comes to immigration as we saw with trump.
 
The executive has broad powers when it comes to immigration as we saw with trump.
And Biden will face impeachment hearings for his reckless actions
 
Biden's policy is just common sense. With limited resources, ICE should focus on removing the most dangerous undocumented immigrants.
 
The ruling doesn't fit your headline, and your own editorializing. When the content of the story appears in the Washington Post, instead of the Washington Times, it might have more credibility.
Explain. How does the ruling not fit the headline? Did the judge not write, “DHS contends that seemingly mandatory statutes must be read flexibly to permit efficient law enforcement. At bottom, that is what this dispute is about: can the executive displace clear congressional command in the name of resource allocation and enforcement goals? Here, the answer is no.”
 
Explain. How does the ruling not fit the headline? Did the judge not write, “DHS contends that seemingly mandatory statutes must be read flexibly to permit efficient law enforcement. At bottom, that is what this dispute is about: can the executive displace clear congressional command in the name of resource allocation and enforcement goals? Here, the answer is no.”
I view some of this as mandatory minimum sentencing. The judge may have concerns with overcrowded prisons, but that isn't their problem to fix. They have to follow the law. It seems obvious that ICE has resources to do a lot more based on historical results. The reason they are not enforcing the law is because they are being told not to. But, they have a legal obligation to enforce the law to the best of their ability.
 
Explain. How does the ruling not fit the headline? Did the judge not write, “DHS contends that seemingly mandatory statutes must be read flexibly to permit efficient law enforcement. At bottom, that is what this dispute is about: can the executive displace clear congressional command in the name of resource allocation and enforcement goals? Here, the answer is no.”
I didn't see the phrase "lax deportation" anywhere in the text. Perhaps you can point it out for me.

As for your own editorializing, "The truth is that the Biden administration* simply doesn't want to enforce our border laws at all, . . " Where is that conclusion arrived at in the decision?
 
I didn't see the phrase "lax deportation" anywhere in the text. Perhaps you can point it out for me.

As for your own editorializing, "The truth is that the Biden administration* simply doesn't want to enforce our border laws at all, . . " Where is that conclusion arrived at in the decision?
Look for the word "relax." The entire order is about the relaxed enforcement of immigration law despite having the resources that would allow ICE to better comply with the enforcement priorities and laws passed by Congress. He said the policies put in place by Mayorkas do not comply with the law, ie-illegal. The fact that you can't find it shows you haven't actually read any part of the text. The headline is a fair representation of what the judge put in the order.
 
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Look for the word "relax." The entire order is about the relaxed enforcement of immigration law despite having the resources that would allow ICE to better comply with the enforcement priorities and laws passed by Congress. He said the policies put in place by Mayorkas do not comply with the law, ie-illegal. The fact that you can't find it shows you haven't actually read any part of the text. The headline is a fair representation of what the judge put in the order.
I couldn't help but notice you not addressing your own editorial contribution, having no bearing on the decision in the link. Again, . . .
"The truth is that the Biden administration* simply doesn't want to enforce our border laws at all, . . "

Let me know as soon as Biden actually says that.
 
I couldn't help but notice you not addressing your own editorial contribution, having no bearing on the decision in the link. Again, . . .
"The truth is that the Biden administration* simply doesn't want to enforce our border laws at all, . . "

Let me know as soon as Biden actually says that.
This is not my editorialization, but I'd point you to the Biden administration issuing multiple memos during his term that ordered border agents to stop enforcement of border crossing laws... including on his first day..
Snag_59db45e.png
Snag_59bdf11.png

A memo was drafted by the Biden administration before he was even sworn into office to end immigration enforcement so that it would be ready to hand out to the respective parties immediately after he swore on the Bible. He didn't even have his own people confirmed by the Senate to carry out this order. He just ended immigration enforcement and didn't care about the consequences which we saw were embarrassing conditions.
 
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Doesn't it make sense for ICE to focus their limited resources on dangerous undocumented immigrants?
 
Doesn't it make sense for ICE to focus their limited resources on dangerous undocumented immigrants?
Sure. And then in their spare time they should enable illegal behavior rather than enforce the law? The Biden administration said they weren't going to enforce the law on certain immigrants and would even help them out, but the numbers show that the administration had even less focus on dangerous illegal immigrants than before Biden came into office and also didn't enforce the law on illegal immigrants who have not been convicted of violent crimes. Wholesale the enforcement of immigration was down significantly while illegal migration was up significantly. That's why the judge told the Biden administration they were not faithfully executing the laws passed by Congress.

For example, between February and August 2021, DHS arrested 6,046 noncitizens convicted of aggravated felonies compared to just 3,575 during the same period in 2020.Id

They put in 40% less work on dangerous illegal immigrants than they were doing before the Biden administration said they weren't going to enforce the law on certain people to focus on dangerous criminal aliens. They did neither. They didn't enforce the law on non-violent aliens and then didn't even focus on dangerous criminal aliens. They have the resources to do more. They've just been ordered not to follow the laws passed by Congress and sit on their hands rather than enforce the law.
 
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This is not my editorialization, but I'd point you to the Biden administration issuing multiple memos during his term that ordered border agents to stop enforcement of border crossing laws... including on his first day..
View attachment 67381620
View attachment 67381618

A memo was drafted by the Biden administration before he was even sworn into office to end immigration enforcement so that it would be ready to hand out to the respective parties immediately after he swore on the Bible. He didn't even have his own people confirmed by the Senate to carry out this order. He just ended immigration enforcement and didn't care about the consequences which we saw were embarrassing conditions.
Yes. It seems to be a pause for 100 days.
But why was this memo truncated before the end? Is there some content in numbers 5 and beyond that doesn't buttress your point?
 
Yes. It seems to be a pause for 100 days.
But why was this memo truncated before the end? Is there some content in numbers 5 and beyond that doesn't buttress your point?
No, I truncated it because 4 was the last exception. Look it up. It's only a 5 page document.Snag_6106e5d.png

Biden eventually lost this battle in court after fighting it for a while. He then kept trying to impose additional measures to prevent deportations as much as he could within the confines of the law. He has had his hand slapped like this repeatedly over the past year or so he's been President.
 
I noticed from other sources that the Washington Times misrepresent the ruling, and exaggerate the effect. For one, rather than say the policy is illegal, it was 'partially blocked'. The Washington times article misrepresents the ruling and exaggerates the difficulties. The spin they put on it is dishonest.

This is one that is a better analysis.


]
And this is the Washington times bias fact check


Washington Times​



Last updated on January 8th, 2022 at 08:55 am

Washington Times - Right Center Bias - Conservative - Republican - Mostly Credible
Factual Reporting: Mixed - Not always Credible or Reliable



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Just say it like it is. Biden is doing the liberal bidding. The democrats believe if they aid millions of illegals to get into the country and then give them the right to vote, and may or may not make them citizens, those folks will vote for democrats. You best bellieve that if the democcrats believed these once illegal immigrants were voting Republican, the border would be locked down tighter than Fort Knox.
"A Trump appointee" to "a federal court" in "the Southern District of Ohio", yep, I'm sure that that decision (which is to the effect that the Executive Branch can not decide how to administer the laws of the United States of America) is going to stand up.

Hell, even the Republicans don't want the Executive Branch NOT to decide how to administer the laws of the United States of America.
 
This is not my editorialization, but I'd point you to the Biden administration issuing multiple memos during his term that ordered border agents to stop enforcement of border crossing laws... including on his first day..
View attachment 67381620
View attachment 67381618

A memo was drafted by the Biden administration before he was even sworn into office to end immigration enforcement so that it would be ready to hand out to the respective parties immediately after he swore on the Bible. He didn't even have his own people confirmed by the Senate to carry out this order. He just ended immigration enforcement and didn't care about the consequences which we saw were embarrassing conditions.
The way that I read the memo is that it is a directive on how the law is to be enforced and NOT a directive NOT to enforce the law at all.

As such it is as much within the administrative competence of the Executive Branch as a memo from Mr. Trump would have been that told ICE that EVERY person whom any ICE officer "deems to be" an "illegal immigrant" be deported immediately.
 
The way that I read the memo is that it is a directive on how the law is to be enforced and NOT a directive NOT to enforce the law at all.

As such it is as much within the administrative competence of the Executive Branch as a memo from Mr. Trump would have been that told ICE that EVERY person whom any ICE officer "deems to be" an "illegal immigrant" be deported immediately.
It specifically says they will not enforce immigration laws on existing illegal aliens unless they're a known terrorist. They basically shut down deportations in the interior until federal judges told them they have to at least pretend to enforce the law since they are required to follow the laws passed by Congress. Instead, the Biden administration came in and ordered ICE to effectively stand down until they could figure out how or if they wanted to enforce the law. Federal judges told them they can't do that because they are charged to enforce the laws despite the Biden administration not wanting to.
 
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