16 Jun 12
Originally posted by whodeyMan, you need to read some history again. Look at the tactics that FDR used or even Woodrow Wislon. Heck even Lincoln with habeus corpus.
The election of one Barak Obama has been an awakening to many. It has awakened us to the abuse of power and just how screwed up the federal government is. Things will never be the same after him. Really Obama is just an empty suit in retrospect. He is no different that "W".
Lets look at some
Executive Order 9066, where Franklin D. Roosevelt delegated military authority to remove any or all people (used to target specifically Japanese Americans and German Americans) in a military zone.
Executive Order 10340 from President Harry S. Truman placing all steel mills in the country under federal control was invalid because it attempted to make law, rather than clarify or act to further a law put forth by the Congress or the Constitution.
Eisenhauer issued 486 executive orders. W Bush issued 291. Obama has issued 127.
Its all about Obama. Whatever he does you hate, even if you agree with it.
17 Jun 12
1 edit
Here's an actual quote:
"With respect to the notion that I can just suspend deportations through executive order — that’s just not the case. Because there are laws on the books, that Congress has passed — and I know that everybody here at Bell is studying hard so you know we’ve got three branches of government. Congress passes the laws. The Executive branch’s job is to enforce and implement the laws, and then the Judiciary has to interpret the laws. There are enough laws on the books by Congress that are very clear in terms of how we have to enforce our immigration system, that for me to simply through executive order ignore those congressional mandates would not conform with my appropriate role as president.” - Barack Obama, March 28, 2011
But like most things he says, he doesn't really believe it.
&feature=player_embedded
17 Jun 12
Originally posted by badmoonNo, I've brought up some of these before on these forums. Obama is just an empty suit in this regard. Over time, the system has become hopelessly corrupt.
Man, you need to read some history again. Look at the tactics that FDR used or even Woodrow Wislon. Heck even Lincoln with habeus corpus.
Lets look at some
Executive Order 9066, where Franklin D. Roosevelt delegated military authority to remove any or all people (used to target specifically Japanese Americans and German Americans) in a military zone. ...[text shortened]... a has issued 127.
Its all about Obama. Whatever he does you hate, even if you agree with it.
17 Jun 12
Originally posted by whodeyWhile the Obama administration has deported more illegal immigrants than any previous administration, the president proposes to halt deportations of a particular group of up to 800,000 who were brought to the U.S. as children, who have lived there ever since, who are under 30, have been enrolled in education, and who have no criminal records. Do you think these immigrants should be rounded up and deported?
No, I've brought up some of these before on these forums. Obama is just an empty suit in this regard. Over time, the system has become hopelessly corrupt.
17 Jun 12
1 edit
Originally posted by SleepyguySuspension of deportation in these types of cases has been allowed by law since 1997: http://immigration.lawyers.com/deportation/Suspension-of-Deportation.html
Here's an actual quote:
[/i]"With respect to the notion that I can just suspend deportations through executive order — that’s just not the case. Because there are laws on the books, that Congress has passed — and I know that everybody here at Bell is studying hard so you know we’ve got three branches of government. Congress passes the laws. The Executiv ...[text shortened]... sn't really believe it.
http://www.youtube.com/watch?v=J9isifcg9ik&feature=player_embedded
18 Jun 12
Originally posted by no1marauderIsn't that on an individual basis, and decided by a judge?
Suspension of deportation in these types of cases has been allowed by law since 1997: http://immigration.lawyers.com/deportation/Suspension-of-Deportation.html
Why is that relevant to whether the President can waive the law for 800,000 people?
18 Jun 12
1 edit
Originally posted by SleepyguyThe policy announced will be on an individual basis IF the individuals meets the criteria announced. That is no different from what was done before.
Isn't that on an individual basis, and decided by a judge?
Why is that relevant to whether the President can waive the law for 800,000 people?
A judge isn't necessary. From the link:
Applicants who file with USCIS will be interviewed by an asylum officer and must admit to being inadmissible or deportable before the suspension can be granted. If the suspension is granted, the alien's status is adjusted to that of a lawful permanent resident. If the suspension is denied, the alien will be placed in removal proceedings.
Here's a couple of other links concluding the new policy is within the discretion granted to the Executive by prior laws:
http://news.yahoo.com/constitution-check-courts-overturn-deportation-reprieve-153205256.html
http://www.theurbanpolitico.com/2012/06/is-obamas-new-immigration-policy-legal.html
18 Jun 12
I found this factoid interesting:
The earlier policy, like Friday's announcement, drew loud applause from immigrant advocates, who saw it as a counter to the record number of deportations that have taken place under Obama. He has deported more than 1.1 million immigrants in three years and is on pace to deport more in one term than President George W. Bush did in two.
http://www.azcentral.com/news/articles/2012/06/15/20120615obama-immigration-policy-change-creates-questions-challenges.html
18 Jun 12
Originally posted by no1marauderIf I understand your link correctly that's for El Salvadorans, Guatemalans, and nationals from former Soviet states.
A judge isn't necessary. From the link:
Applicants who file with USCIS will be interviewed by an asylum officer and must admit to being inadmissible or deportable before the suspension can be granted. If the suspension is granted, the alien's status is adjusted to that of a lawful permanent resident. If the suspension is denied, the alien will be placed in removal proceedings.
For others (Form EOIR-40) it says:
"Prior to filing the application, the alien must provide biometric and biographic information to the U.S. Citizenship and Immigration Services (USCIS). The application and certain required supporting documents must then be filed with U.S. Immigration and Customs Enforcement (ICE). The granting of the application is at the discretion of an immigration judge."
18 Jun 12
4 edits
Originally posted by SleepyguyYou don't understand the link correctly. I'll post the whole thing:
If I understand your link correctly that's for El Salvadorans, Guatemalans, and nationals from former Soviet states.
For others (Form EOIR-40) it says:
"Prior to filing the application, the alien must provide biometric and biographic information to the U.S. Citizenship and Immigration Services (USCIS). The application and certain required supporting do ...[text shortened]... (ICE). [b]The granting of the application is at the discretion of an immigration judge."[/b]
People subject to deportation before April 1997 may apply for a suspension of deportation by filing Form EOIR-40 under former § 244 of the Immigration and Nationality Act (INA) or Form I-881 for aliens applying under the Nicaraguan Adjustment and Central American Relief Act (NACARA).
Form EOIR-40
Generally, to be eligible for a suspension of deportation and a change of status to lawful permanent resident under § 244, the alien must:
Have been physically present in the United States for a continuous period of seven years
Have been a person of good moral character
Prove that deportation will result in an extreme or, in some cases, an exceptional or extremely unusual hardship to the alien or the alien's immediate family members who are US citizens or lawful permanent residents
The physical presence requirement is reduced to three years for abused spouses and children and is extended to 10 years for aliens who have committed certain serious crimes. Military members who served honorably on active duty for at least 24 months are not required to meet the physical presence requirement.
An alien is not eligible for a Form EOIR-40 suspension of deportation if he or she:
Entered the United States as a crewman after June 30, 1964
Was a nonimmigrant exchange alien other than to receive graduate medical education
Was subject to deportation as an alien who assisted Nazi persecution or engaged in genocide
Prior to filing the application, the alien must provide biometric and biographic information to the U.S. Citizenship and Immigration Services (USCIS). The application and certain required supporting documents must then be filed with U.S. Immigration and Customs Enforcement (ICE). The granting of the application is at the discretion of an immigration judge.
An alien who provides false information may be subject to criminal prosecution and civil penalties.
Form I-881
Generally, an alien subject to deportation may be eligible for a suspension of deportation or special rule cancellation of removal under § 203 of NACARA. To be eligible, the alien must:
Be a national of El Salvador or Guatemala
Entered the United States by the end of 1990 and applied for asylum by the end of 1991, and when he or she applied for asylum, was a national of the (former) Soviet Union or any of its republics, Poland, Czechosolvakia, Romania, Hungary, Bulgaria, Albania, East Germany, Yugoslavia or any state of the former Yugoslavia
Be the spouse or unmarried child of one of the above-described nationals
Not have been convicted of an aggravated felony or committed security violations
Under certain circumstances, the alien may also be required to be physically present for 10 years, establish good moral character and exceptional or extremely unusual hardship on immediate family members who are U.S. citizens or lawful permanent residents.
Applications and any required supporting documents must be filed with USCIS or an immigration court.
Applicants who file with USCIS will be interviewed by an asylum officer and must admit to being inadmissible or deportable before the suspension can be granted. If the suspension is granted, the alien's status is adjusted to that of a lawful permanent resident. If the suspension is denied, the alien will be placed in removal proceedings.
An applicant who provides false information may be subject to criminal prosecution and civil penalties.
no1: In short, the article is talking about two different groups using two different forms. The first more general group uses Form EOIR-40 under former § 244 of the Immigration and Nationality Act (INA). The second group consisting of El Salvadorans, Guatemalans, and nationals from former Soviet states uses Form I-881 for aliens applying under the Nicaraguan Adjustment and Central American Relief Act (NACARA).
EDIT: An "immigration judge" is not an Article III judge, but an employee of the Executive Branch.
