What does a TRUMP presidency look like?

Started by FunkMonk, November 08, 2016, 11:02:57 PM

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Zanza

Quote from: Tamas on June 10, 2025, 01:09:16 PM
Quote from: crazy canuck on June 10, 2025, 12:24:48 PMThe military dictatorship phase is starting. 



Let's hope that, similar to Poland, they are playing their hand too fast.
The reactionaries just won the presidential election in Poland.

The Minsky Moment

Quote from: Admiral Yi on June 10, 2025, 01:52:36 AMOur information is lovely but it doesn't describe Kilmar Abrego Garcia.  He entered the country illegally in 2016.  He applied for asylum in 2019.  A judge denied his application.  I suppose Mr. Garcia had legal status between the time he applied and the time he was denied.

 International treaty and American statutory law protect refugees regardless of their method of entry.  The Refugee Act of 1980 specifically authorized admission of aliens inside the United States, regardless of status, provided they meet the refugee criteria.  A refugee who falls into this category (i.e. entered in the US without following usual procedures) is not transformed from illegal to legal; rather the process recognizes that their entry was proper all along.  A refugee meeting the statutory definition has a legal right to enter the US without documentation.

The immigration judge hearing Abrego Garcia's court found that he satisfied the criteria for asylum status.  However, there is a procedural rule requiring refugees to file their applications within a year of entry.  Because A-G waited too long, he could not obtain asylum relief.  He was, however, entitled to and received an order of withholding of deportation. Such an order is a recognized legal status, again under both international treaty and US.  It does confer a right to reside in the US lawfully, although under more restrictive conditions than that for asylees.
We have, accordingly, always had plenty of excellent lawyers, though we often had to do without even tolerable administrators, and seen destined to endure the inconvenience of hereafter doing without any constructive statesmen at all.
--Woodrow Wilson

Admiral Yi

Quote from: The Minsky Moment on June 10, 2025, 01:38:07 PMThe immigration judge hearing Abrego Garcia's court found that he satisfied the criteria for asylum status.  However, there is a procedural rule requiring refugees to file their applications within a year of entry.  Because A-G waited too long, he could not obtain asylum relief.  He was, however, entitled to and received an order of withholding of deportation. Such an order is a recognized legal status, again under both international treaty and US.  It does confer a right to reside in the US lawfully, although under more restrictive conditions than that for asylees.

8 CFR § 208.16 - Withholding of removal under section 241(b)(3)(B) of the Act and withholding of removal under the Convention Against Torture.

....

(f) Removal to third country. Nothing in this section or § 208.17 shall prevent the Service from removing an alien to a third country other than the country to which removal has been withheld or deferred.

https://www.law.cornell.edu/cfr/text/8/208.16

Tamas

Quote from: Zanza on June 10, 2025, 01:34:03 PM
Quote from: Tamas on June 10, 2025, 01:09:16 PM
Quote from: crazy canuck on June 10, 2025, 12:24:48 PMThe military dictatorship phase is starting. 



Let's hope that, similar to Poland, they are playing their hand too fast.
The reactionaries just won the presidential election in Poland.

The post they held previously. I am not saying the war is won there but the attempt by the Potato Head to pull an Orban failed.

The Minsky Moment

Quote from: Admiral Yi on June 10, 2025, 01:52:57 PM8 CFR § 208.16 - Withholding of removal under section 241(b)(3)(B) of the Act and withholding of removal under the Convention Against Torture.

....

(f) Removal to third country. Nothing in this section or § 208.17 shall prevent the Service from removing an alien to a third country other than the country to which removal has been withheld or deferred.

https://www.law.cornell.edu/cfr/text/8/208.16

That's correct; however, ICE cannot deport to a third country without providing sufficient advance notice and due process permitting the alien to establish that the third country is not an acceptable destination.  E.g., Kossov v. INS, 132 F.3d 405, 408 (7th Cir. 1998).  The alien has legal rights and an existing legal status that must be respected.
We have, accordingly, always had plenty of excellent lawyers, though we often had to do without even tolerable administrators, and seen destined to endure the inconvenience of hereafter doing without any constructive statesmen at all.
--Woodrow Wilson

Admiral Yi

Quote from: The Minsky Moment on June 10, 2025, 02:08:44 PMThat's correct; however, ICE cannot deport to a third country without providing sufficient advance notice and due process permitting the alien to establish that the third country is not an acceptable destination.  E.g., Kossov v. INS, 132 F.3d 405, 408 (7th Cir. 1998).  The alien has legal rights and an existing legal status that must be respected.

He has rights other than the right to legally reside in this country.  He is an illegal alien.

Tamas

Quote from: Admiral Yi on June 10, 2025, 02:25:02 PM
Quote from: The Minsky Moment on June 10, 2025, 02:08:44 PMThat's correct; however, ICE cannot deport to a third country without providing sufficient advance notice and due process permitting the alien to establish that the third country is not an acceptable destination.  E.g., Kossov v. INS, 132 F.3d 405, 408 (7th Cir. 1998).  The alien has legal rights and an existing legal status that must be respected.

He has rights other than the right to legally reside in this country.  He is an illegal alien.

As I understand it he has no right to stay but he has the right to not leave.

Admiral Yi

Quote from: Tamas on June 10, 2025, 02:28:48 PMAs I understand it he has no right to stay but he has the right to not leave.

He has the right not to be sent to El Salvador.

The Minsky Moment

He also has the right to stay in the United States unless or until a suitable destination country is identified.
We have, accordingly, always had plenty of excellent lawyers, though we often had to do without even tolerable administrators, and seen destined to endure the inconvenience of hereafter doing without any constructive statesmen at all.
--Woodrow Wilson

Admiral Yi

Quote from: The Minsky Moment on June 10, 2025, 02:39:16 PMHe also has the right to stay in the United States unless or until a suitable destination country is identified.

He has the right to claim a country to which he is being deported is not suitable, the same as all other illegal aliens.

Zoupa

It's kinda fascinating to watch these posters interaction in real-time.

Quote from: Zoupa on February 26, 2025, 11:11:08 AMThis is so Languish btw. You guys will be arguing about what type of rifle the soldier is holding as you're getting led to the execution spot.

HVC

Quote from: Zoupa on June 10, 2025, 03:16:09 PMIt's kinda fascinating to watch these posters interaction in real-time.

Quote from: Zoupa on February 26, 2025, 11:11:08 AMThis is so Languish btw. You guys will be arguing about what type of rifle the soldier is holding as you're getting led to the execution spot.


What do you expect them to do, draw up war plans here? :D
Being lazy is bad; unless you still get what you want, then it's called "patience".
Hubris must be punished. Severely.

grumbler

Quote from: Zoupa on June 10, 2025, 03:16:09 PMIt's kinda fascinating to watch these posters interaction in real-time.

Quote from: Zoupa on February 26, 2025, 11:11:08 AMThis is so Languish btw. You guys will be arguing about what type of rifle the soldier is holding as you're getting led to the execution spot.


Ditto for your interactions here. It's kinda fascinating to see how reliably you use the exact same sneer over the years.
The future is all around us, waiting, in moments of transition, to be born in moments of revelation. No one knows the shape of that future or where it will take us. We know only that it is always born in pain.   -G'Kar

Bayraktar!

Admiral Yi

Quote from: Zoupa on June 10, 2025, 03:16:09 PMIt's kinda fascinating to watch these posters interaction in real-time.

Quote from: Zoupa on February 26, 2025, 11:11:08 AMThis is so Languish btw. You guys will be arguing about what type of rifle the soldier is holding as you're getting led to the execution spot.


It's the tension between rationalism and romanticism.

Crazy_Ivan80

Quote from: Tamas on June 10, 2025, 01:57:38 PMThe post they held previously. I am not saying the war is won there but the attempt by the Potato Head to pull an Orban failed.

and now the other party can call them Putinesque if they try again. Something which will probably have more impact in Poland now. But we'll see