ICE defies Biden, deports El Paso massacre witness, hundreds of others

essentialsaltes

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An early Biden executive order placing a 100-day moratorium on deportations until an enforcement review could be done was suspended by a federal judge in response to a Texas lawsuit. But the ruling did not require U.S. Immigration and Customs Enforcement to schedule the deportations.

One of the deportations triggering loud outcry is that of a woman only being identified as Rosa, to protect her from potential violence in Ciudad Juarez, Mexico.

She witnessed the August 2019 shooting massacre, dubbed a domestic terrorism event by investigators, at an El Paso, Texas, Walmart store that left 22 people dead. A 23rd person died later of his wounds. Another 26 people were wounded. Rosa had agreed to be a witness against the gunman.


I expect we may see what happens if a president is thwarted by some government official within the executive branch. It will not involve whining via Twitter about an invisible enemy.
 

Magnanimity

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An early Biden executive order placing a 100-day moratorium on deportations until an enforcement review could be done was suspended by a federal judge in response to a Texas lawsuit. But the ruling did not require U.S. Immigration and Customs Enforcement to schedule the deportations.

That is a very odd way of phrasing it—the ruling did not require that ICE schedule the deportations...

Here is the language of the TRO by judge Tipton:

Therefore, it is hereby ORDERED that:
1. Defendants and all their respective officers, agents, servants, employees, attorneys, and other persons who are in active concert or participation with them are hereby ENJOINED and RESTRAINED from enforcing and implementing the policies described in the January 20 Memorandum in Section C entitled “Immediate 100- Day Pause on Removals.
2. This TRO is granted on a nationwide basis and prohibits enforcement and implementation of the policies described in the January 20 Memorandum in Section C entitled “Immediate100-Day Pause on Removals” in every place Defendants have jurisdiction to enforce and implement the January 20 Memorandum.
So, to state it in a way that isn’t backwards, the TRO restricts ICE from honoring the 100 day pause (for some period of time). And that TRO had a nationwide application.

ICE does not schedule deportations one day, then affect the deportation on the following day. Many deportees are removed commercially or via charter flights, all of which are weeks in the making. The airline ticket has to be purchased, the charter flight has to be prepared, the receiving country has to be notified that one of their own is returning, etc.

That is to say, ICE undoubtedly already had deportations scheduled for the several days (and weeks) following January 20th. So, the TRO gave ICE the ability to proceed with their previously scheduled deportations. ICE doesn’t have to wait around for federal judges to give them the go-ahead on removals. In fact, by law, once an alien has been given a final removal order by a judge or agency authority, ICE is obligated by caselaw to affect that deportation within 90 days of the final removal order going into effect. This is all public knowledge of how ICE/ERO actually works. Not saying you should have known this. I’m more annoyed at the irresponsible wording of the article you referenced.
 
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HTacianas

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That is a very odd way of phrasing it—the ruling did not require that ICE schedule the deportations...

Here is the language of the TRO by judge Tipton:

Therefore, it is hereby ORDERED that:
1. Defendants and all their respective officers, agents, servants, employees, attorneys, and other persons who are in active concert or participation with them are hereby ENJOINED and RESTRAINED from enforcing and implementing the policies described in the January 20 Memorandum in Section C entitled “Immediate 100- Day Pause on Removals.
2. This TRO is granted on a nationwide basis and prohibits enforcement and implementation of the policies described in the January 20 Memorandum in Section C entitled “Immediate100-Day Pause on Removals” in every place Defendants have jurisdiction to enforce and implement the January 20 Memorandum.
So, to state it in a way that isn’t backwards, the TRO restricts ICE from honoring the 100 day pause (for some period of time). And that TRO had a nationwide application.

ICE does not schedule deportations one day, then affect the deportation on the following day. Many deportees are removed commercially or via charter flights, all of which are weeks in the making. The airline ticket has to be purchased, the charter flight has to be prepared, the receiving country has to be notified that one of their own is returning, etc.

That is to say, ICE undoubtedly already had deportations scheduled for the several days (and weeks) following January 20th. So, the TRO gave ICE the ability to proceed with their previously scheduled deportations. ICE doesn’t have to wait around for federal judges to give them the go-ahead on removals. In fact, by law, once an alien has been given a final removal order by a judge or agency authority, ICE is obligated by caselaw to affect that deportation within 90 days of the final removal order going into effect. This is all public knowledge of how ICE/ERO actually works. Not saying you should have known this. I’m more annoyed at the irresponsible wording of the article you referenced.

Are you implying that a major news outlet would mislead us on some political issue? Would people believe them if they did? Would it get spread endlessly around the internet without anyone taking a second look at it? Would people base their opinions on it?
 
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essentialsaltes

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Further context.

However, the judge did not block guidelines laid down by the then acting secretary of homeland security, David Pekoske, which came into effect on Monday [2/1] and stipulated that deportations should be limited to suspected terrorists, convicted felons deemed a “threat to public safety”, and migrants who arrived after 1 November last year.

Ice carried out a deportation flight to Haiti on Tuesday morning carrying people who fit none of those criteria. One of the deportees on that flight was Paul Pierrilus, a 40-year-old financial consultant from New York state, who had never been to Haiti and is not a Haitian citizen, according to the country’s ambassador to Washington. The ambassador, Bocchit Edmond, has told activists he was taken by surprise by the deportation but did not respond to a request for comment on Tuesday.

Pierrilus was taken off a 19 January deportation flight at the last moment after the intervention of his local congressman, Mondaire Jones. But despite that temporary reprieve, , he was driven to an Ice airfield in Alexandria, Louisiana, early on Tuesday [2/2] and put on a plane to Port-au-Prince, the Haitian capital.
 
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Magnanimity

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Are you implying that a major news outlet would mislead us on some political issue? Would people believe them if they did? Would it get spread endlessly around the internet without anyone taking a second look at it? Would people base their opinions on it?

Sad to say, it may be worse than that. Suppose that the writer was genuinely ignorant of all these immigration specifics that I mentioned above...:pensive:
 
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disciple Clint

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Are you implying that a major news outlet would mislead us on some political issue? Would people believe them if they did? Would it get spread endlessly around the internet without anyone taking a second look at it? Would people base their opinions on it?
Isn't that a shock, after years of lies.
 
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essentialsaltes

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More context

In the final days of the Trump administration, officials at the Department of Homeland Security reportedly rushed to figure out how to frustrate the Biden administration’s attempts to change immigration policy after years of harsh tactics and harsher rhetoric from the White House. According to a whistleblower complaint revealed by the New York Times on Monday, that effort included an agreement between DHS official Ken Cuccinelli and the union that represents Immigration and Customs Enforcement — an agreement that would give ICE something like veto power over any policy changes.
 
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essentialsaltes

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Trump-appointed Judge unpauses Biden's deportation pause.

A federal judge late Tuesday indefinitely banned President Joe Biden’s administration from enforcing a 100-day moratorium on most deportations.

U.S. District Judge Drew Tipton issued a preliminary injunction sought by Texas, which argued the moratorium violated federal law and risked imposing additional costs on the state.

Biden proposed the 100-day pause on deportations during his campaign as part of a larger review of immigration enforcement and an attempt to reverse the priorities of former President Donald Trump. Biden has proposed a sweeping immigration bill that would allow the legalization of an estimated 11 million people living in the U.S. illegally. He has also instituted other guidelines on whom immigration and border agents should target for enforcement.


Darn activist judges!
 
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essentialsaltes

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Biden can't simply tell ICE not to do their job...
ICE is part of the executive branch, so (as the chief executive) he has some sway over how they do their jobs.
 
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Erik Nelson

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