Federal court rules Trump's national emergency proclamation for border is unlawful

[Ana the Ist]

That's because Bush didn't require 'zero tolerance' and all border crossers to be detained and prosecuted.

No....it's not. Zero tolerance only accounted for about 6 weeks between April and June of 2018.

It didn't even happen in 2019....feel free to take another guess though.

Edit- Also worth pointing out that it was a response to the overcrowding that was already happening....but you know, those are just details.

 

[essentialsaltes]

No....it's not. Zero tolerance only accounted for about 6 weeks between April and June of 2018.

That's only one version of the 'family separation' part that had to be undone (at least on paper). The zero tolerance (i.e. all are prosecuted criminally) part is in effect generally.

June 20, 2018, executive order[edit]
Responding to widespread criticism of family separation, President Trump issued an executive order titled "Affording Congress an Opportunity to Address Family Separation."[207] The Order instructed the Department of Homeland Security to maintain custody of parents and children jointly, "to the extent permitted by law and subject to the availability of appropriations."[208] It also instructed the Justice Department to attempt to overturn the Flores Agreement, which limits the time for holding children and families with children to 20 days.[208] At the signing ceremony, Trump said, "We're going to have strong, very strong borders but we are going to keep the families together. I didn't like the sight or the feeling of families being separated."

From the EO: When an alien enters or attempts to enter the country anywhere else, that alien has committed at least the crime of improper entry and is subject to a fine or imprisonment under section 1325(a) of title 8, United States Code. This Administration will initiate proceedings to enforce this and other criminal provisions of the INA until and unless Congress directs otherwise.

 

[hedrick]

For a review of the history of family separation, see Family separation under the Trump administration – a timeline. It seems that they haven’t stopped, though it’s less common now.

 

[Ana the Ist]

That's only one version of the 'family separation' part that had to be undone (at least on paper). The zero tolerance (i.e. all are prosecuted criminally) part is in effect generally.

June 20, 2018, executive order[edit]
Responding to widespread criticism of family separation, President Trump issued an executive order titled "Affording Congress an Opportunity to Address Family Separation."[207] The Order instructed the Department of Homeland Security to maintain custody of parents and children jointly, "to the extent permitted by law and subject to the availability of appropriations."[208] It also instructed the Justice Department to attempt to overturn the Flores Agreement, which limits the time for holding children and families with children to 20 days.[208] At the signing ceremony, Trump said, "We're going to have strong, very strong borders but we are going to keep the families together. I didn't like the sight or the feeling of families being separated."

From the EO: When an alien enters or attempts to enter the country anywhere else, that alien has committed at least the crime of improper entry and is subject to a fine or imprisonment under section 1325(a) of title 8, United States Code. This Administration will initiate proceedings to enforce this and other criminal provisions of the INA until and unless Congress directs otherwise.

Lol right...only families are exempt, which makes up about half of all illegals crossing the border. Out of the other half, only about 60% are referred for prosecution and of those....I don't think we even have an real number for those being prosecuted (which on average, is a 3 day sentence they've already served by the time it's imposed).

I understand that "Zero Tolerance" is the popular explanation for overcrowding and drain on resources for many on the left. I'm certainly not surprised people would believe that....since it's repeated in many publications. There's a big reason to question that though....

Border apprehensions down 60% since May - The Monitor

“In Fiscal Year 2019, CBP encountered 977,509 people attempting to cross our Southwest border, which is 72% higher than fiscal year 2014. Since the expansion of the Migrant Protection Protocol (MPP) and the Administration’s agreements with Central American governments, monthly enforcement actions have dropped an average of 22% per month,” according to a CBP news release."

If prosecutions were to blame, and you still believe they are heavily pursued....then why did all the traffic disappear when we started forcing asylum seekers to wait in Mexico? 60% is a huge drop....that's why you don't really hear much about the border in the news compared to the first half of the year. Nobody wants to admit that DHS officials were right....asylum seekers were the problem...and as of now, cooperation with Mexico has been quite effective.

Now, some folks want to attribute this decline to the wall going up....

In San Diego, officials say new wall is helping bring border numbers down

I'm not one of them though. There's still plenty of places where the wall is incomplete and they've seen a similar decline. The problem was always "migrants using children to claim asylum and get released into the US" and now that they cannot do that...the problem just keeps declining.

Apprehensions At The U.S.-Mexico Border Decline For The 4th Consecutive Month

CBP Commissioner Morgan said more than 51,000 migrants have been enrolled in the MPP program and he praised the government of Mexico in helping the U.S. implement the policy.

"We went from over 19,000 people in custody just four short months ago to less than 4,000," Morgan said, adding that the administration has effectively ended what critics have called "catch and release"—the policy of allowing asylum seeking families to await their court date inside the U.S."

I'll tell you what though, if you can show there's some astounding number of prosecutions "overwhelming" the immigration system...I'll consider that I'm wrong about all of it. As far as I know, prosecution cases are rather quick compared to asylum hearings.

 

[essentialsaltes]

Lol right...only families are exempt

No, they are not exempt. They are being detained together instead of separately.

 

[essentialsaltes]

I'll tell you what though, if you can show there's some astounding number of prosecutions "overwhelming" the immigration system...I'll consider that I'm wrong about all of it. As far as I know, prosecution cases are rather quick compared to asylum hearings.

Trump plan fails to cut immigration court backlog, as caseload soars more than 26%

[This refers to EOIR, which handles both cases where asylum is involved and where it isn't.]

Since October 2017, when the Justice Department approved a plan aimed at reducing the backlog in immigration court, the pending caseload has grown by more than 26%, from 655,932 cases to just shy of 830,000, according to Syracuse University’s Transactional Access Records Clearinghouse, which tracks data from immigration courts. [ETA: It is now 975,000.]

One move restricted the ability of immigration judges to schedule and set priorities for their cases under a process known as “administrative closure.” That change compelled judges to reopen thousands of cases that had been deemed low priority and had been closed. Within three months of the memo, Immigration and Customs Enforcement had moved to reschedule 8,000 cases, prompting concern from lawmakers, according to the immigration lawyers association. Potentially, as many as 350,000 cases ultimately could be added back onto the court dockets.

Stepped-up enforcement without a corresponding increase in judicial resources provides the main reason the backlog has gone up so dramatically, said Stephen Legomsky, Homeland Security’s chief counsel for immigration from 2011 to 2013.

“Immediately upon taking office, President Trump essentially advised Border Patrol agents and ICE officers that they were to begin removal proceedings against anyone they encountered that they suspected of being undocumented, without sufficiently increasing resources for immigration judges,” Legomsky said.

 

[Ana the Ist]

No, they are not exempt. They are being detained together instead of separately.

You can't possibly believe that....you think the hundreds of thousands of "parents" who crossed with children this year are being detained somewhere?? There's facilities for maybe 10k-30k. I don't remember the exact numbers but the overwhelming majority of them are given a court date and released. They aren't being prosecuted. They're given a court date for their asylum hearing and told they need to show up for it....like a year later.

What did you think this was all about? Where did you think that list of a million illegals with deportation orders came from? They either got their asylum claim rejected or they never showed up. If they were all being detained somewhere until their hearing they wouldn't be coming here in the first place.

How do you think they're going to be prosecuted? If we aren't going to separate them from their children...how are they going to serve a day in jail? We don't throw their kids in jail.

 

[Ana the Ist]

Trump plan fails to cut immigration court backlog, as caseload soars more than 26%

[This refers to EOIR, which handles both cases where asylum is involved and where it isn't.]

Since October 2017, when the Justice Department approved a plan aimed at reducing the backlog in immigration court, the pending caseload has grown by more than 26%, from 655,932 cases to just shy of 830,000, according to Syracuse University’s Transactional Access Records Clearinghouse, which tracks data from immigration courts. [ETA: It is now 975,000.]

The article was written in February 2019...and they're pulling stats beginning in October 2017.

So not counting October, November, and December of 2017 and January and February 2019 (which is realistically over 100k people)
about 400k illegals crossed the border in 2018.

Border apprehensions up nearly 100,000 in fiscal 2018

Given that we're easily talking about 500k people....you think the caseload increase of 200k (which apparently includes asylum seekers) has something to do with Trump? It's not because of a massive number of people showing up at the border asking for asylum?

One move restricted the ability of immigration judges to schedule and set priorities for their cases under a process known as “administrative closure.” That change compelled judges to reopen thousands of cases that had been deemed low priority and had been closed. Within three months of the memo, Immigration and Customs Enforcement had moved to reschedule 8,000 cases, prompting concern from lawmakers, according to the immigration lawyers association. Potentially, as many as 350,000 cases ultimately could be added back onto the court dockets.

But as of the writing of the article....they only had 8,000 cases to speak of. That doesn't seem like enough to overwhelm a system that already has hundreds of thousands of cases backlogged.

Stepped-up enforcement without a corresponding increase in judicial resources provides the main reason the backlog has gone up so dramatically, said Stephen Legomsky, Homeland Security’s chief counsel for immigration from 2011 to 2013.

“Immediately upon taking office, President Trump essentially advised Border Patrol agents and ICE officers that they were to begin removal proceedings against anyone they encountered that they suspected of being undocumented, without sufficiently increasing resources for immigration judges,” Legomsky said.

Lol why do you think the LA Times has a quote from a guy who hasn't been knowledgeable on the topic since 2013? Do you think everyone dealing with the problem now was just too busy to explain it back in February? Why do you think they pulled a complete 180 on this narrative by May?

The border crisis isn't a partisan issue. It’s real, and children are in danger

Do you think it's because even back in 2014, under Obama, this problem was starting to show up?

https://www.google.com/amp/s/www.th...o-immigrant-crisis-with-detention-deportation

Remarkable how similar the problem sounds even back then...

A lack of family-friendly detention facilities in the Rio Grande Valley — which has been besieged by migrant activity — has forced authorities to release some people to family members within the US until their scheduled court appearance.

Shocking lol. Ok...seriously...waaaaay back in 2014, under Obama, CBP and DHS officials are describing the exact same problem. Of course, it's just a few thousand families the entire year back then....but even that long ago it was cause for worry. They didn't have the appropriate resources for large numbers of families.

What changed in 2015? The problem got bigger.

Surge in Children, Families at the U.S. Border May Be 'The New Normal'

It's literally the same problem. It's only gotten worse. If you think that Obama got out in front of this problem and fixed it before Trump takes office...think again...

Illegal border crossings of families this year already surpasses all of 2015

No...the problem just keeps growing in 2016 and the DHS keeps having to deal with it while everyone worries about Trump.

Now, I could show you articles about the same problem getting bigger in 2017, 2018, and 2019...but what's more interesting is the shift in tone from liberal media like HuffPo, WaPo, CNN, LA Times, etc. It's similar to the shift from liberal politicians. They don't want to admit this problem started years ago and has been growing....that might give Trump support for his wall. They don't want to admit there's a problem at all...

It's not hard to see why....admitting there's a problem would be admitting Trump was right. That's not going to help the Democrats in office one bit. They want Trump to fail on the wall and on immigration in general.

That's why all the way up to maybe April of this year....the mock the idea that there's a crisis on the border. They deliberately spread misinformation about how any real problem must be Trump's fault. It's not until kids are literally dying and the conditions of Border Patrol facilities hit the media that they're forced to admit there's a problem.

So please, don't sell me some story about how the lack of resources has something to do with Trump prosecuting a few thousand illegals...I'm not buying it. The crisis that peaked this summer was 5 years in the making and politicians on the left only regret it didn't peak in 2020.

 

[Ana the Ist]

Dp