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#immigration judges
minnesotafollower · 5 months
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Washington Post Editorial: Improving U.S. Asylum Law and Procedures
An editorial in the Washington Post starts by saying the obvious: the current U.S. asylum policies and procedures are not working and that this is due to lack of resources (insufficient number of immigration judges and facilities to house immigrant families).[1] In addition, the editorial says “the best policies are those that open new doors. The offer of ‘humanitarian parole’ for Cubans,…
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gwydionmisha · 2 years
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A federal judge in Austin on Thursday halted a new state law that would allow Texas police to arrest people suspected of crossing the Texas-Mexico border illegally.
The law, Senate Bill 4, was scheduled to take effect Tuesday. U.S. District Judge David Ezra issued a preliminary injunction that will keep it from being enforced while a court battle continues playing out. Texas is being sued by the federal government and several immigration advocacy organizations. Texas appealed the ruling to the conservative 5th U.S. Circuit Court of Appeals.
Ezra said in his order Thursday that the federal government “will suffer grave irreparable harm” if the law took effect because it could inspire other states to pass their own immigration laws, creating an inconsistent patchwork of rules about immigration, which has historically been upheld as being solely within the jurisdiction of the federal government.
“SB 4 threatens the fundamental notion that the United States must regulate immigration with one voice,” Ezra wrote.
Ezra also wrote that if the state arrested and deported migrants who may be eligible for political asylum, that would violate the Constitution and also be "in violation of U.S. treaty obligations."
"Finally, the Court does not doubt the risk that cartels and drug trafficking pose to many people in Texas," Ezra wrote in his ruling. "But as explained, Texas can and does already criminalize those activities. Nothing in this Order stops those enforcement efforts. No matter how emphatic Texas’s criticism of the Federal Governments handling of immigration on the border may be to some, disagreement with the federal government’s immigration policy does not justify a violation of the Supremacy Clause."
Gov. Greg Abbott signed SB 4 in December, marking Texas’ latest attempt to try to deter people from crossing the Rio Grande after several years of historic numbers of migrants arriving at the Texas-Mexico border.
In a statement, Abbott said the state "will not back down in our fight" and that he expects this case would eventually be decided by the U.S. Supreme Court. On social media, he wrote that he is "not worried" because "this was fully expected."
"Texas has solid legal grounds to defend against an invasion," he added.
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State Attorney General Ken Paxton, whose office is defending SB 4 in court, said in a statement that he "will do everything possible to defend Texas’s right to defend herself."
The law seeks to make illegally crossing the border a Class B misdemeanor, carrying a punishment of up to six months in jail. Repeat offenders could face a second-degree felony with a punishment of two to 20 years in prison.
The law also seeks to require state judges to order migrants returned to Mexico if they are convicted; local law enforcement would be responsible for transporting migrants to the border. A judge could drop the charges if a migrant agrees to return to Mexico voluntarily.
In December, the American Civil Liberties Union, the ACLU of Texas and the Texas Civil Rights Project sued Texas on behalf of El Paso County and two immigrant rights organizations — El Paso-based Las Americas Immigrant Advocacy Center and Austin-based American Gateways — over the new state law. The following month, the U.S. Department of Justice filed its lawsuit against Texas. The lawsuits have since been combined.
During a court hearing on Feb. 15 in Austin, the Department of Justice argued that SB 4 is unconstitutional because courts have ruled that immigration solely falls under the federal government’s authority.
The lawyer representing Texas, Ryan Walters, argued that the high number of migrants arriving at the border — some of them smuggled by drug cartels — constitutes an invasion and Texas has a right to defend itself under Article I, Section 10 of the U.S. Constitution, which prohibits states from engaging in war on their own “unless actually invaded.”
Ezra said that he “is not unsympathetic to the concerns raised by Abbott,” but appeared unconvinced by Walters’ argument.
"I haven't seen, and the state of Texas can't point me to any type of military invasion in Texas," Ezra said. "I don't see evidence that Texas is at war."
Immigrant rights advocates around the state celebrated the ruling because they worried that SB 4 would lead to border residents' rights being violated.
"We celebrate today’s win, blocking this extreme law from going into effect before it has the opportunity to harm Texas communities," said Aron Thorn, senior attorney for the Beyond Border Program at Texas Civil Rights Project. "This is a major step in showing the State of Texas and Governor Abbott that they do not have the power to enforce unconstitutional, state-run immigration policies."
Edna Yang, co-executive director at American Gateways, said that SB 4 does not fix “our broken immigration system” and it will divide communities.
“This decision is a victory for all our communities as it stops a harmful, unconstitutional, and discriminatory state policy from taking effect and impacting the lives of millions of Texans," she said. "Local officials should not be federal immigration agents, and our state should not be creating its own laws that deny people their right to seek protection here in the U.S."
David Donatti, senior staff attorney at the ACLU of Texas, said the ruling is an "important win for Texas values, human rights, and the U.S. Constitution."
"Our current immigration system needs repair because it forces millions of Americans into the shadows and shuts the door on people in need of safety. S.B. 4 would only make things worse," he said. "Cruelty to migrants is not a policy solution.”
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your--isgayrights · 1 year
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hi i'm stalking your orv posts and i saw u say that orv has colorism issues? can you expound on that because when i was reading the novel i think i missed that bit
Ah, so with the novel it's actually not much of a problem, but the thing is that the webtoon adaptation and official art has a tendency to make the protags whiter than paper and the webtoon in particular, when I was posting about this more, had so far like only given villains darker skin tones. This honestly happens all the time in east asian media, but the reason I'm particularly peeved about it with ORV is that I distinctly remembered Yoo Joonghyuk being described as both the most beautiful man in the world and also a man with tan skin and black eyes, which felt really important to me personally bc I grew up Asian American and had to unlearn those things being equated w/ ugliness/plainness by both colorism and racism lmao.
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deadpresidents · 11 months
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Every single MAGA supporting conservative appointed to the courts should star in my new theater play: "Thick Clots Sit In the Pillory and Are Pelted with Rancid Tomatoes". Admission is free.
Sounds great, but do you know what the really awful thing is? They'd still have the power to do exactly what they are currently doing to the country when it comes to abortion, LGBTQ+ issues, race, guns, voting rights, climate change, corporate regulation, economic inequality, immigration, education, the freedom of speech, expression and religion (or the freedom to not believe), and so on.
So, while the idea of throwing tomatoes sounds like a nice way to blow off some steam and win a minor skirmish, they are winning the war. Because ELECTIONS HAVE CONSEQUENCES and the worst possible person won the wrong election at the scariest possible time. And it resulted in a federal judiciary dominated by very conservative judges who have their jobs as long as they live.
Seeing a free play is always nice, but make no mistake, a lot of us are probably going to be paying for this right-wing federal judiciary for the rest of our lives. I'd rather pay to watch something else.
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cosmogyros · 2 months
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#went out on the town tonight to the so-called sketchiest area (i find it delightful)#met some friends at a café and then we strolled for a while#ended up at a cute french bar and drank orange wine#then headed to a famous noodle place and bumped into some other people they knew who joined us#the five of us ate noodles and i had an intense conversation with a mexican woman#we were discussing the way the complaint about 'immigrants not learning the language' can be understood two ways#as an american i'm very sensitive to that phrase because i'm accustomed to it being used as a subtle indicator of anti-immigrant sentiment#and here in germany it's unfortunately often used that way too so i always look closely at anyone who says that#but she pointed out that in mexico you kind of just do have to learn spanish if you want to live there successfully#so when she hears germans saying 'immigrants should learn german' she just thinks 'well yeah of course we should'#and i said yeah fair point#i think two important distinctions are 1) why did the immigrants in question come to a different country#and 2) how do we treat them when they don't learn their new country's language very rapidly#because i may be a hypocrite but i'll be honest:#i feel very differently toward a rich white american who comes to berlin 'because it's just so cool'#and doesn't put much effort into learning german 'because everyone speaks english anyway'#than i do towards a refugee who comes here fleeing death and already speaks e.g. both arabic and english#i'm inclined to give the latter a lot more leeway#sure they should do their best to learn german soon if they're planning to stay here for good#but i personally refuse to judge them in the slightest if they take a little while to make that happen#cosmo gyres#personal#language#immigration
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the-light-of-stars · 5 months
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President of the Central Council for jewish people in Germany Josef Schuster criticising the German Government for mostly focusing on the Shoah as their reason for supporting Israel, saying that Germany should instead support it because it is more similar to western countries and [paraphrase] cares more about freedom and human dignity than any other country in the region:
"What is often left is a shortening of the german stance to a special responsibility towards the Jewish State because of the shoah. (...) But the solidarity with Israel must not be limited to that." Because: "Rather, it is necessary to stand at the side of Israel because the country is so similar to our system of governance and our kind of society as no other country in the region is." - referring to individual freedom, liberality, and the absolute priority of human dignity. In many aspects - emancipation, innovative power, balance of modernity and tradition, will for military defence - Israel is "even some steps ahead."
With this Schuster is stating blatantly what has always been clear: That the real reason why Germany (and for that matter other western countries) supports Israel - or in Schusters opinion why it must support Israel no matter what - this much is not because it cares about the safety of jewish people or simply because of guilt for the holocaust - no it is because Israel is essentially a western country as well and according to people like Schuster is an upholder of "freedom, liberality and the absolute priority of human dignity " "like no other country in the region" that according to him is even "some steps ahead" of Germany in that regard.
Statements like this clearly show that conservative officials like Schuster and western politicians in general do not consider any of Israel's actions in Gaza as a problem or in any way bad at all, instead considering the country an upholder of western values and a bastion of freedom and upholder of human rights despite them - and not just that, they consider the country uniquely 'good' , uniquely 'civilized' , uniquely 'humane' in comparison to every other country in south west asia.
It blatantly shows that western support of Israel has never really been about antisemitism , historic guilt or protecting the lives of jewish people at all: it has always been about securing the position of western power structures , western political interests and supposed western values in south west asia by any means necessary.
The same official has called the usage of the term genocide for Israel's actions in Gaza "crude twisting of history, demonisation and conspiracy thought" btw.
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mariesoliver · 11 months
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My gay friend who somehow inexplicably supports the (among other things) homophobic president is going gay clubbing tonight may he get no action tf he does not deserve it
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tototavros · 2 years
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Abd al-Rahim al-Nashiri, the alleged mastermind of the bombing of the U.S.S Cole in 2000, was captured by the United States two years later and was held in black sites until 2007 when he was moved to Guantanamo to face trial under the military commissions. He is currently held there until his capital trial resolves (which I don’t expect to happen any time soon). 
During pre-trial litigation, his defense counsel found a microphone in a room they were using to talk to al-Nashiri. The government denied that the microphone was live and forbade investigation and informing their client about the microphone. The civilian members of the counsel attempted to resign due to the ethical issues, but the judge found that there was not good cause for their resignation. The judge, Judge Spath, then required the head of the defense counsel (who had not resigned due to being military), Brig. Gen. Baker, to testify about their resignation. Gen. Baker refused to testify, claiming privilege, and was found in contempt by Spath, sentenced to three weeks confinement and a fine. While appeals of this were pending, Spath held the court in abeyance out of concerns that he could not keep order in his court. During this, Spath sought employment with the DOJ (who was prosecuting al-Nashiri) and was hired as an immigration judge. 
The Court of Military Commission Review, who reviews decisions made in the military commissions, ruled a while ago:  1. Spath has the right to require good cause before members of the defense counsel can resign from representing al-Nashiri  2. Good cause was not shown, and Spath had the right to hold Gen. Baker in contempt  3. Despite being unable to investigate the microphone that may have been recording their conversations with their client, the defense counsel was required to show that they had an ethical obligation to resign from the case, rather than merely asserting it. 
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nomaishuttle · 10 months
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ok its over. review it was so so mid unfortunately i miss my family so i did cry i truly dont want to talk about ut. also i wish wade had died i hate his stupid ass.its not lie offensively bad its just shrugs.
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newmsies · 1 year
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my babygirl looks so submissive and breedable in these pics
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alexyar · 2 years
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the agony of accidentally clicking on a facebook ad....
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A federal judge in Louisiana temporarily blocked the Biden administration from ending a Trump-era pandemic restriction on the US-Mexico border.
The Biden administration had been on track to end the public health authority, known as Title 42, on May 23, a decision that has been criticized by Republicans and Democrats alike. The measure allows border authorities to turn migrants back to Mexico or their home countries because of the public health crisis.
Monday's order from Judge Robert Summerhays is unlikely to change the situation on the ground, given that the public health authority remains in place, but it may throw a wrench in the administration's plans moving forward.
More than 20 states had asked the court to block the administration from ending Title 42 and last week asked the court to immediately intervene. The Justice Department, which opposed the request, declined to comment Monday.
"The Court discussed the Motion for Temporary Restraining Order [ECF No. 24] filed by Plaintiffs. For the reasons stated on the record, the Court announced its intent to grant the motion. The parties will confer regarding the specific terms to be contained in the Temporary Restraining Order and attempt to reach agreement," Summerhays wrote Monday.
"We applaud the Court for approving our request for a Temporary Restraining Order to keep Title 42 in place," said Arizona Attorney General Mark Brnovich in a statement. "The Biden administration cannot continue in flagrant disregard for existing laws and required administrative procedures."
"In a lawsuit originally filed by Missouri, Louisiana, and Arizona, our Office just obtained a temporary restraining order to keep Title 42 in place. This is a huge victory for border security, but the fight continues on," Missouri Attorney General Eric Schmitt tweeted on Monday.
Texas filed a separate case also seeking to block the end of Title 42. A federal judge in Texas has yet to rule on that case.
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stlangels · 2 years
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When I'm watching a cooking competition and one of the judges calls a dish "too spicy" and then the contestant who made it is kicked off... I am quickly overtaken by a violent rage
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age-of-moonknight · 2 years
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“Red Sins,” Moon Knight (Vol. 1/1980), #37.
Writer: Alan Zelenetz; Penciler: Bo Hampton; Inker: Armando Gil; Colorist: Ben Sean; Letterer: Joe Rosen
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minnesotafollower · 8 days
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Problems in U.S. Asylum System Help Promote Increases in U.S. Immigration
A lengthy Wall Street Journal article provides details on the well-known promotion of increases in U.S. immigration by the many problems in the U.S. asylum system. Here then is a summary of the basic U.S. law of asylum, the current U.S. system for administering such claims and a summary of the current problems with such administration. The Basic Law of Asylum On July 2, 1951, an international…
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