Can someone help me understand immigration status and deportations?

3,151 Views | 80 Replies | Last: 8 mo ago by Jack Boyette
Broseph
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Next question...do we know how many migrants with temp status have already had a hearing? Im guessing the 2021 to 2022 migrants have had hearings by now. Also if you dont show up to a hearing, is your temp status automatically revoked?
Bunk Moreland
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If they are here and granted only asylum...it's just a waiting game. If they miss it I don't believe it automatically triggers it but it triggers the next steps down that road if the person fails to take corrective action.

If they came here on asylum and then applied for and was granted Temporary Protected Status, then there is more communication required with the court. That said, most who actually took the time to apply for TPS, at least in my experience, did it so they could be legally allowed to work, get a driver's license, and live here in a more proper way for the duration of their TPS/Asylum period.

I do not know how many of the bad hombre types actually took the time to apply for TPS or not. My guess is most of them treated their entry via asylum the same way many traditional Mexican illegals with no intention of true assimilation into society did, and once they get beyond the border they just move on.
JSKolache
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https://www.uscis.gov/laws-and-policy/other-resources/unlawful-presence-and-inadmissibility

Unlawful presence is a civil violation, not a criminal offense. This is a YUGE problem. Make it criminal offense & the gears turns much faster.
B-1 83
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GeorgiAg said:

Ellis Wyatt said:

Do tell. How is he not following the Constitution?

Was Joe Biden "faithfully executing the laws of our country" when he was flying illegal aliens into America and shipping them all over the U.S.?
No person shall ... be deprived of life, liberty, or property, without due process of law.

Joe Biden sucked on immigration. No argument there.
Please describe in detail what you think "due process" should look like for deportation, and I'll give you a dose of reality - how it really works on the border.
Being in TexAgs jail changes a man……..no, not really
Jack Boyette
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GeorgiAg said:

Ellis Wyatt said:

Do tell. How is he not following the Constitution?

Was Joe Biden "faithfully executing the laws of our country" when he was flying illegal aliens into America and shipping them all over the U.S.?
No person shall ... be deprived of life, liberty, or property, without due process of law.

Joe Biden sucked on immigration. No argument there.
Which one of those 3 are these people being deprived of by being deported?
aginlakeway
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GeorgiAg said:

Ellis Wyatt said:

GeorgiAg said:

Ellis Wyatt said:

Do tell. How is he not following the Constitution?

Was Joe Biden "faithfully executing the laws of our country" when he was flying illegal aliens into America and shipping them all over the U.S.?
No person shall ... be deprived of life, liberty, or property, without due process of law.

Joe Biden sucked on immigration. No argument there.
Due process for illegal aliens is completely different than due process for a citizen. Or are you advocating grand jury trials for every single illegal the guy you voted for brought in?

That's never been "due process" before right now.
I am NOT in favor of any type of jury proceeding for someone accused of being here illegally. Just a judicial hearing on the record in an open court. If the process is slow, hire more judges. I can't imagine it'd take that long.

I don't like a closed-door bureaucrat making a decision with zero transparency.

I've seen estimates that would take hundreds of years. Are you sure you don't have this impossible goal because Trump is POTUS?
Ellis Wyatt
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He wants democrats to never lose an election again. Rigging elections obviously isn't enough for them.

And when you see that they advocate for non-Americans at the expense of Americans, you can understand why they need new voters.
aginlakeway
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GeorgiAg said:

Ellis Wyatt said:

GeorgiAg said:

Ellis Wyatt said:

Do tell. How is he not following the Constitution?

Was Joe Biden "faithfully executing the laws of our country" when he was flying illegal aliens into America and shipping them all over the U.S.?
No person shall ... be deprived of life, liberty, or property, without due process of law.

Joe Biden sucked on immigration. No argument there.
Due process for illegal aliens is completely different than due process for a citizen. Or are you advocating grand jury trials for every single illegal the guy you voted for brought in?

That's never been "due process" before right now.
I am NOT in favor of any type of jury proceeding for someone accused of being here illegally. Just a judicial hearing on the record in an open court. If the process is slow, hire more judges. I can't imagine it'd take that long.

I don't like a closed-door bureaucrat making a decision with zero transparency.


The other poster is right. You're putting illegals ahead of citizens. Why?
American Hardwood
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Congress needs to pass a law that clarifies that any non-citizen can be deported at any time unless that person is involved in a non-immigration related court case. And of those cases, only cases involved in violent felonies, theft, or other crimes where the penalties include restitution or minimum prison sentences in excess of 90 days are exempt. In cases where restitution is the only punishment, the offended party can choose to drop the case for immediate deportation of the offender as an alternate.
The best way to keep evil men from wielding great power is to not create great power in the first place.
VitruvianAg
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GeorgiAg said:

Ellis Wyatt said:

GeorgiAg said:

Ellis Wyatt said:

Do tell. How is he not following the Constitution?

Was Joe Biden "faithfully executing the laws of our country" when he was flying illegal aliens into America and shipping them all over the U.S.?
No person shall ... be deprived of life, liberty, or property, without due process of law.

Joe Biden sucked on immigration. No argument there.
Due process for illegal aliens is completely different than due process for a citizen. Or are you advocating grand jury trials for every single illegal the guy you voted for brought in?

That's never been "due process" before right now.
I am NOT in favor of any type of jury proceeding for someone accused of being here illegally. Just a judicial hearing on the record in an open court. If the process is slow, hire more judges. I can't imagine it'd take that long.

I don't like a closed-door bureaucrat making a decision with zero transparency.


Then you don't understand the difference between an Article 2 and Article 3 court...

And for a lawyer that's pretty sad coming from an architect and urban planner that just nibbles at the Law.

Article 2 Courts are much more procedurally lenient, defendants don't require a presence at court and multiple defendants may be prosecuted simultaneously.

Afuera, carajo!
Spotted Ag
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GeorgiAg said:

Ellis Wyatt said:

Do tell. How is he not following the Constitution?

Was Joe Biden "faithfully executing the laws of our country" when he was flying illegal aliens into America and shipping them all over the U.S.?
No person shall ... be deprived of life, liberty, or property, without due process of law.

Joe Biden sucked on immigration. No argument there.
The constitution also says we can keep and bare arms. So, using your logic, where do I sign up for my A-10?
agwrestler
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Gator92 said:

GeorgiAg said:

He's doing what he said he'd do. May not be following that "constitution" thingy, but he's getting it done.


Illegal entry is cause for immediate deportation. You can't claim asylum w/o going through a port of entry. You know the law thingy?


I'm confused about how a trial is needed to determine legal status and decide on deportation. To me, it's pretty cut and dried: show your papers or GTFO. "Out" can be enthusiastically facilitated by ICE.
Spotted Ag
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agwrestler said:

Gator92 said:

GeorgiAg said:

He's doing what he said he'd do. May not be following that "constitution" thingy, but he's getting it done.


Illegal entry is cause for immediate deportation. You can't claim asylum w/o going through a port of entry. You know the law thingy?


I'm confused about how a trial is needed to determine legal status and decide on deportation. To me, it's pretty cut and dried: show your papers or GTFO. "Out" can be enthusiastically facilitated by ICE.
That's the due process. Prove your citizenship or GTFO. Due process doesn't mean a mandatory trial. That's democrats style of thinking. They care nothing for these people. They believe they will vote for them to help them maintain power. Deporting them threatens their grasp on power. The law be damned if it threatens their power. Thus my reasoning for calling them enemies of the state. They should be treated as enemies of the state.
schmellba99
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GeorgiAg said:

Ellis Wyatt said:

Do tell. How is he not following the Constitution?

Was Joe Biden "faithfully executing the laws of our country" when he was flying illegal aliens into America and shipping them all over the U.S.?
No person shall ... be deprived of life, liberty, or property, without due process of law.

Joe Biden sucked on immigration. No argument there.
Homie that you and the dems all want to make the next poster boy (but none of you would let within 100 yards of your home or your families - huh, interesting) did have due process of the law.

Problem is that the TDS is so strong with a lot of idiots that they willfully ignore this fact and instead scream Orange Man Bad! at everything.
schmellba99
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JSKolache said:

https://www.uscis.gov/laws-and-policy/other-resources/unlawful-presence-and-inadmissibility

Unlawful presence is a civil violation, not a criminal offense. This is a YUGE problem. Make it criminal offense & the gears turns much faster.

Being associated with or a member of a group that is declared a terrorist organization is a criminal offense.

MS-13 is designated a FTO by the US Federal Government. Ergo, any and all members are classified as terrorists, which means they are criminals by definition.
schmellba99
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GeorgiAg said:

Ellis Wyatt said:

GeorgiAg said:

Ellis Wyatt said:

Do tell. How is he not following the Constitution?

Was Joe Biden "faithfully executing the laws of our country" when he was flying illegal aliens into America and shipping them all over the U.S.?
No person shall ... be deprived of life, liberty, or property, without due process of law.

Joe Biden sucked on immigration. No argument there.
Due process for illegal aliens is completely different than due process for a citizen. Or are you advocating grand jury trials for every single illegal the guy you voted for brought in?

That's never been "due process" before right now.
I am NOT in favor of any type of jury proceeding for someone accused of being here illegally. Just a judicial hearing on the record in an open court. If the process is slow, hire more judges. I can't imagine it'd take that long.

I don't like a closed-door bureaucrat making a decision with zero transparency.

Where was this wailing and gnashing of teeth and crying about whatever when every president prior to this was doing this exact same thing? That includes Obama, Biden, Clinton as well.
Gaw617
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In the constitution one could argue anyone regardless of citizenship in the US should have due process. The language is fuzzy so people on either side have enough to argue in my opinion.

Using the AEA allows Trump to forego any due process since it gives wide ranging executive power due to national security. He tagged MS-13 as a terrorist organization.

Ellis Wyatt
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Gaw617 said:

In the constitution one could argue anyone regardless of citizenship in the US should have due process. The language is fuzzy so people on either side have enough to argue in my opinion.
And that has never been the case.
Hubert J. Farnsworth
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This whole situation is flat out ret@rded. No president has ever had to jump through so many hoops to deport illegals before. Especially a bunch of gang members and criminals. Libs and CM's crying about "muh due process" can shut the hell up, because you were silent when the Biden clown show was completely ignoring and twisting asylum and immigration laws to flood our country with 3rd world trash.
Bunk Moreland
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Hubert J. Farnsworth said:

This whole situation is flat out ret@rded. No president has ever had to jump through so many hoops to deport illegals before,

Again, not illegals. It's like y'all intentionally refuse to try and understand the issue. And just yelling at clouds that they should be illegals does nothing either.
Hubert J. Farnsworth
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Bunk Moreland said:

Hubert J. Farnsworth said:

This whole situation is flat out ret@rded. No president has ever had to jump through so many hoops to deport illegals before,

Again, not illegals. It's like y'all intentionally refuse to try and understand the issue. And just yelling at clouds that they should be illegals does nothing either.



Anyone that illegally entered or went through other countries before asking for asylum are illegals. The ones that asked for asylum at a point of entry are legally here until a court date. It should be easy to separate all of those.
Ellis Wyatt
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Bunk Moreland said:

Hubert J. Farnsworth said:

This whole situation is flat out ret@rded. No president has ever had to jump through so many hoops to deport illegals before,

Again, not illegals.
Maybe a different category, but still people who have no legal right to be here. Biden himself likely had no knowledge of the decision.
AgDadx2
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What the courts appear to be in agreement on is that everyone including someone here without asylum of TPS still get there time before an immigration judge. This is doing nothing but jamming up the works and will slow deportation to a crawl.
As a point of interest, given that the libs are going insane calling Trump a racist and Hitler due to him not granting due process, I recommend that you read the article in the link below dated May 1, 2014 where the ACLU (definitely not normal reading material for me!) is berating Obama for not giving due process to migrants before deportation. I will include one excerpt, but the irony is incredible! I am sure that the majority of the libs out there do not know that saint Obama was doing the same thing they are ridiculing Trump for!

https://www.aclu.org/news/immigrants-rights/speed-over-fairness-deportation-under-obama

"The Obama administration has prioritized speed over fairness in the removal system, sacrificing individualized due process in the pursuit of record removal numbers.

A deportation system that herds 75 percent of people through fast-track, streamlined removal is a system devoid of fairness and individualized due process. Nonjudicial removals violate our constitutional tradition and cannot be reconciled with an administration that has repeatedly stated its commitment to immigration reform."
BullHaulAg
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Biden administration allowed democrats to come to America without inspection and resettled them in strategic places for voting.
Jack Boyette
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Bunk Moreland said:

Hubert J. Farnsworth said:

This whole situation is flat out ret@rded. No president has ever had to jump through so many hoops to deport illegals before,

Again, not illegals. It's like y'all intentionally refuse to try and understand the issue. And just yelling at clouds that they should be illegals does nothing either.

They're illegals. Some bull**** asylum claim (99.9% of these claims are total bull****) doesn't change that.
Bunk Moreland
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Jack Boyette said:

Bunk Moreland said:

Hubert J. Farnsworth said:

This whole situation is flat out ret@rded. No president has ever had to jump through so many hoops to deport illegals before,

Again, not illegals. It's like y'all intentionally refuse to try and understand the issue. And just yelling at clouds that they should be illegals does nothing either.

They're illegals. Some bull**** asylum claim (99.9% of these claims are total bull****) doesn't change that.

Actually it does because the US Gov't, or executive branch at the time, said it did.

This entire situation is broken and ****ed because Congress has ceded all authority to the executive, which now tries to govern via EO and fighting court battles.
Hubert J. Farnsworth
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What percentage of all of these "asylum seekers" went through other countries before coming here? Couldn't their asylum claims be called null because these people didn't ask for asylum in the first country they came to?
Slicer97
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Bunk Moreland said:

Jack Boyette said:

Bunk Moreland said:

Hubert J. Farnsworth said:

This whole situation is flat out ret@rded. No president has ever had to jump through so many hoops to deport illegals before,

Again, not illegals. It's like y'all intentionally refuse to try and understand the issue. And just yelling at clouds that they should be illegals does nothing either.

They're illegals. Some bull**** asylum claim (99.9% of these claims are total bull****) doesn't change that.

Actually it does because the US Gov't, or executive branch at the time, said it did.

This entire situation is broken and ****ed because Congress has ceded all authority to the executive, which now tries to govern via EO and fighting court battles.
The entire situation is broken and ****ed because enough people decided Obama was a good idea, then allowed Biden to steal an election.
Ellis Wyatt
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Hubert J. Farnsworth said:

What percentage of all of these asylum seekers went through other countries before coming here? Couldn't their asylum claims be called null because these people didn't ask for asylum in the first country they came to?
Yes, which is why over 80% of asylum claims are denied.
Jack Boyette
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Hubert J. Farnsworth said:

What percentage of all of these "asylum seekers" went through other countries before coming here? Couldn't their asylum claims be called null because these people didn't ask for asylum in the first country they came to?
Ding ding ding.
Jack Boyette
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Bunk Moreland said:

Jack Boyette said:

Bunk Moreland said:

Hubert J. Farnsworth said:

This whole situation is flat out ret@rded. No president has ever had to jump through so many hoops to deport illegals before,

Again, not illegals. It's like y'all intentionally refuse to try and understand the issue. And just yelling at clouds that they should be illegals does nothing either.

They're illegals. Some bull**** asylum claim (99.9% of these claims are total bull****) doesn't change that.

Actually it does because the US Gov't, or executive branch at the time, said it did.

This entire situation is broken and ****ed because Congress has ceded all authority to the executive, which now tries to govern via EO and fighting court battles.
I'm aware of that. I'm just saying, they're illegals. Their temporary status doesn't make them any less illegal.
bmks270
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For those saying they are here legally….

If the executive can grant legal status, then why can't the executive also take it away?

That's the question.
AgDadx2
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I will try my best but others feel free to correct me if I'm wrong. As far as I know there are 2 groups who are here "legally" that we are dealing with, excluding student and work visas, etc. Asylum claims are done through the legislative branch because the law says that you can come into this country and claim asylum which gets you a future court date to prove you deserve asylum. I believe most of these are bogus. You also have TPS which is provided by the executive branch which by definition is temporary. The problem is the courts are forcing the admin to give each individual regardless of status to get a court date with an immigration judge before they get deported. This slows the whole process to a crawl. In theory, if executive branch awards someone TPS the E B should be able to remove them at will without due process. Hope this helps. Maybe someone else can explain it better.
Funky Winkerbean
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And there is strict protocol to adhere to for asylum seekers. Any fracture of that protocol is grounds for exclusion from the program and deportation can be a result of that fracture.
AgDadx2
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Right. And there are only about 10 million of them to process from Bidens term.
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