No judge has jurisdiction to erase our border

[libertybele]

No judge has jurisdiction to erase our border

No court can ever force the president to allow any alien to enter the country. No such lawsuit could ever have legitimate standing, and no such decision could have any constitutional moorings. If we don’t understand that, we are no longer a sovereign Republic.

Monday night, Jon Tigar, an Obama-appointed judge of the United States District Court for the Northern District of California, a forum chosen by the ACLU, penned what is essentially an op-ed expressing his desire that Trump’s order on asylum be temporarily enjoined. His desire is just as binding as my desire to place an injunction on all liberals from running for office. He has no jurisdiction over immigration, has no jurisdiction over national security, has no jurisdiction over the border, violated endless settled law, violated Article II powers, violated Article I delegated authority, and broke every sane ruling on Article III standing that differentiates a court from a legislature..........

.............Indeed, we have already established that this ruling is null and void from day one. But there is something more fundamental here.

The president has both delegated authority and inherent Article II powers over foreign commerce to prevent people from landing on our shores to begin with, and that is something that even Congress cannot take away. Thus, even if asylum statute in a vacuum forced the president to entertain any bogus claim, the president has inherent authority to exclude applicants from entering, and that power was reaffirmed by Congress in 212(f) and 215(a) of the INA, which serves as a circuit breaker to all immigration categories, including asylum or any form of legal immigration. And for good reason...........

https://www.conservativereview.com/news/no-judge-has-jurisdiction-to-erase-our-border/

[Chosen Daughter]

No judge has jurisdiction to erase our border

No court can ever force the president to allow any alien to enter the country. No such lawsuit could ever have legitimate standing, and no such decision could have any constitutional moorings. If we don’t understand that, we are no longer a sovereign Republic.

Monday night, Jon Tigar, an Obama-appointed judge of the United States District Court for the Northern District of California, a forum chosen by the ACLU, penned what is essentially an op-ed expressing his desire that Trump’s order on asylum be temporarily enjoined. His desire is just as binding as my desire to place an injunction on all liberals from running for office. He has no jurisdiction over immigration, has no jurisdiction over national security, has no jurisdiction over the border, violated endless settled law, violated Article II powers, violated Article I delegated authority, and broke every sane ruling on Article III standing that differentiates a court from a legislature..........

.............Indeed, we have already established that this ruling is null and void from day one. But there is something more fundamental here.

The president has both delegated authority and inherent Article II powers over foreign commerce to prevent people from landing on our shores to begin with, and that is something that even Congress cannot take away. Thus, even if asylum statute in a vacuum forced the president to entertain any bogus claim, the president has inherent authority to exclude applicants from entering, and that power was reaffirmed by Congress in 212(f) and 215(a) of the INA, which serves as a circuit breaker to all immigration categories, including asylum or any form of legal immigration. And for good reason...........

https://www.conservativereview.com/news/no-judge-has-jurisdiction-to-erase-our-border/

Amen.  I hope that all of Trumps high priced Lawyers aren't liberals.  He needs good Constitutional lawyers.

[Smokin Joe]

8 U.S. Code § 1182 (f)
https://www.law.cornell.edu/uscode/text/8/1182

(f) Suspension of entry or imposition of restrictions by President

Whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate.

[txradioguy]

The problem is...someone forgot to tell the judges.

[Oceander]

8 U.S. Code § 1182 (f)
https://www.law.cornell.edu/uscode/text/8/1182

That provision was enacted prior to 8 USC sec. 1158, which allows an alien inside the US to apply for asylum without regard to that alien’s immigration status. 

Therefore, under the later in time rule, 1158 trumps 1182(f) and, accordingly, the president cannot prevent an alien who is illegally in the country from applying for asylum by exercising the authority granted in 1182(f), even if one assumes that it might otherwise apply. 

[libertybele]

That provision was enacted prior to 8 USC sec. 1158, which allows an alien inside the US to apply for asylum without regard to that alien’s immigration status. 

Therefore, under the later in time rule, 1158 trumps 1182(f) and, accordingly, the president cannot prevent an alien who is illegally in the country from applying for asylum by exercising the authority granted in 1182(f), even if one assumes that it might otherwise apply.

Bottom line.  He has an obligation to protect this country and its citizens.  MS-13, criminals, rapists, murders. and thugs in general don't qualify for asylum AND he at anytime can declare a moratorium on migration into this country.  It's been done before.    IF indeed the caravan mob truly wanted a chance at asylum, they would have applied in Mexico as offered. 

I still think tear gas is much to gentle; fire warning shots. Those coming over our borders will be considered an enemy of the U.S. - ready, aim & fire!

[Smokin Joe]

Bottom line.  He has an obligation to protect this country and its citizens.  MS-13, criminals, rapists, murders. and thugs in general don't qualify for asylum AND he at anytime can declare a moratorium on migration into this country.  It's been done before.    IF indeed the caravan mob truly wanted a chance at asylum, they would have applied in Mexico as offered. 

I still think tear gas is much to gentle; fire warning shots. Those coming over our borders will be considered an enemy of the U.S. - ready, aim & fire!

While in spirit I can agree, you are ignoring that the whole purpose of these 'caravans' is to produce incidents which make it look like the heartless capitalists aren't willing to share (because 'sharing is caring' or some such dreck). What's more, those evil capitalists would shoot at little kids and their mommies (not to mention the vast majority of service age men who are not accompanied by family).

It's all about optics, and anything not absolutely necessary will be presented in the worst light. Unfortunately, that means that defending our borders, something virtually any country does to their absolute best, will be presented as wrong, mean, otherwise unacceptable in whatever light possible.

They will likely keep pushing until the desired incident is produced, and then will blame the mean Americans for trying to enforce their borders.

[jmyrlefuller]

American Christian goes to a remote island in peace to proclaim the gospel to the natives. The natives kill him. Who gets the blame? The American Christian.

Central America sends a mob to crash the border. America uses non-lethal means such as tear gas to repel them. Who gets the blame? The Americans.

Let that sink in.

[Oceander]

Bottom line.  He has an obligation to protect this country and its citizens.  MS-13, criminals, rapists, murders. and thugs in general don't qualify for asylum AND he at anytime can declare a moratorium on migration into this country.  It's been done before.    IF indeed the caravan mob truly wanted a chance at asylum, they would have applied in Mexico as offered. 

I still think tear gas is much to gentle; fire warning shots. Those coming over our borders will be considered an enemy of the U.S. - ready, aim & fire!

Fine.  But that doesn’t change the fact that Congress expressly provided, in clear statutory language, that immigration status cannot deny a person the right to apply for asylum, and that is exactly what Trump tried to cut off: the right to apply for asylum if you entered illegally. 

The law is what the law is in this case.  If that’s regrettable, then the way to fix that is to change the law, not condemn the judicial system for correctly interpreting existing law. 

[RetBobbyMI]

Fine.  But that doesn’t change the fact that Congress expressly provided, in clear statutory language, that immigration status cannot deny a person the right to apply for asylum, and that is exactly what Trump tried to cut off: the right to apply for asylum if you entered illegally. 

The law is what the law is in this case.  If that’s regrettable, then the way to fix that is to change the law, not condemn the judicial system for correctly interpreting existing law.

So hence the need for appropriate border security measures and the prevention of invaders from crossing.

[libertybele]

American Christian goes to a remote island in peace to proclaim the gospel to the natives. The natives kill him. Who gets the blame? The American Christian.

Central America sends a mob to crash the border. America uses non-lethal means such as tear gas to repel them. Who gets the blame? The Americans.

Let that sink in.

Fine, blame the Americans, but at the end of the day, (provided that Trump stays strong on this) we WILL still have our sovereignty and countries like Germany will be envious.