via https://ift.tt/2NdwGUx
ralfmaximus:
palmtreepalmtree:
ralfmaximus:
colordogluckynumber:
shamethepainaway:
uppityfemale:
Not truthiness, just truth.
Yeah well perhaps they should have figured out what a border is first. Because their parents broke the law by Crossing ours and better than spend the time in these facilities than a prison with grown adults who made the human traffickers not even their parents
Actually, let me enlighten you.
These people in detention have not committed a crime.
- I don’t mean that in a moral or a figurative sense. I mean literally. It is NOT a crime to ask for asylum.
- These people didn’t jump a fence, they didn’t sneak into the backyard. They are knocking on the front door and saying “People are trying to kill me in my home country, will you let me in?”
- Now, I didn’t fall off the turnip truck. Some of these people are lying. That’s why you have a hearing. And because they might wander off, these people are held in detention until the hearing.
- This hearing is NOT in a criminal court. It’s in an immigration court. Because these people have not committed a crime.
- Immigration court is not like criminal court. You don’t have a right to an attorney.
- So these people are waiting around, separated from their children, with no attorney, until they get a hearing.
- In 2015, the median wait for an immigration hearing was 404 days.
- Here’s where it gets even more twisted. If people plead guilty to asylum fraud, they get their kids back and get deported.
- So these people knock on the front door, which is perfectly legal, and we take their kids, and tell them the quickest way to get the kids back is to confess to fraud.
- If someone committed a crime (ie. shoplifting, armed robbery, murder) and you took their kids away to make them confess, that confession would be thrown out.
- But these confessions are lawful, because this isn’t criminal court.
- Because these people haven’t committed a crime.
- Now some people think that if we make it so unpleasant for these people, they will stop trying to cross the border.
- But the message this sends isn’t “Go Home.” The message it sends is “Sneak in.”
- If they go home, they think they will be murdered. If they request asylum, they are separated from their children.
- If they sneak in successfully, they’re safe. If they sneak in and get caught, they are no worse off than if they sought asylum legally.
- And remember, these people haven’t committed a crime.
^^This
Now, here’s the really ugly part: a lot of Trump supporters know this.
Not all of them, for sure, but a huge number of educated Trumpsters do.
But they don’t care, because brown people are dangerous, unamerican, and need to be locked up. They HATE it when you call them racist, so they use the “illegal alien” thing as a shield.
“I’m not racist, I just believe in law and order.”
Yeah, right.
Here is a little bit more information to help create a clear understanding of what is happening at the border:
It is true that most asylum seekers present themselves legally at an inspected border-crossing point. However, CBP has been throttling the number of asylum seekers it receives each day for processing. This is creating bottlenecks at the border. Migrants seeking protection are prevented from presenting themselves upon arrival, and are made to wait in Mexico at the border until CBP allows them to present themselves and apply.
Many migrants are sleeping rough, often with their children, for days and even weeks, for the opportunity to legally present themselves as an asylum-seeker. As described by the New York Times:
While some of the migrants have found beds in shelters in Nogales, others said they avoid the facilities out of fear of theft or abuse. Instead, they prefer to guard their spot on the asphalt so as not to lose their place in line when American officials at the crossing allow a handful each day to submit their asylum requests.
You can read more about the dire situation at the border here.
As @colordogluckynumber mentioned, this is driving migrants, out of desperation, to attempt a more hazardous unlawful entry, outside of an inspection point. If they successfully enter without getting caught they can apply for asylum from within the country.
If they do get caught, unlawful entry is a misdemeanor. Until recently, this crime was generally not prosecuted. Prosecuting this crime provides little legal benefit to the government. The individuals are sentenced to a few days in prison, at the cost of the taxpayer, after which they are handed over to immigration authorities for immigration processing. But such a conviction has no immediate negative effect to the asylum claim. It does not stop the asylum application, it does not allow the government to do anything but then continue to process the application for asylum.
So why do it?
Here’s why: while these individuals are being criminally prosecuted and serving their sentence for the misdemeanor unlawful entry, law does not allow that their children can remain with them. Insisting on criminally prosecuting migrants is the justification being used to take their children away.
As has been noted time and again, it is this policy decision to prosecute migrants for misdemeanor unlawful entry that is being wielded as a cudgel in an attempt to deter migrants.
Further, this legally enforced separation from their children is being used to pressure asylum-seekers to withdraw their applications for asylum and voluntarily depart the United States with their child. Asylum-seekers are thus faced with an impossible and cruel decision.
I have not heard as much about asylum-seekers being separated from their families in detention as @colordogluckynumber describes (there is family detention which is a whole other post), and I have not heard that detainees are being pressured to confess to immigration fraud as also described above. Rather, the longer an individual waits in detention to have their claim heard the more likely they are to “voluntarily” withdraw their claim and concede their removability. Meaning, they are more likely to give up and acquiesce to deportation, to return to the circumstances they fled. I am open to being pointed in the right direction for more reading.
But that should not undermine the overall point.
In the end, this is what I know to be true: In the 1930s, my grandfather and his brother were arrested for illegally crossing the border into Russia. As a result, they were the only members of their family to survive the Holocaust.
There is nothing criminal about survival.
Reblogging again for commentary by @palmtreepalmtree because she is an immigration lawyer and has expert knowledge and is awesome besides.
(Your picture was not posted)
ralfmaximus:
palmtreepalmtree:
ralfmaximus:
colordogluckynumber:
shamethepainaway:
uppityfemale:
Not truthiness, just truth.
Yeah well perhaps they should have figured out what a border is first. Because their parents broke the law by Crossing ours and better than spend the time in these facilities than a prison with grown adults who made the human traffickers not even their parents
Actually, let me enlighten you.
These people in detention have not committed a crime.
- I don’t mean that in a moral or a figurative sense. I mean literally. It is NOT a crime to ask for asylum.
- These people didn’t jump a fence, they didn’t sneak into the backyard. They are knocking on the front door and saying “People are trying to kill me in my home country, will you let me in?”
- Now, I didn’t fall off the turnip truck. Some of these people are lying. That’s why you have a hearing. And because they might wander off, these people are held in detention until the hearing.
- This hearing is NOT in a criminal court. It’s in an immigration court. Because these people have not committed a crime.
- Immigration court is not like criminal court. You don’t have a right to an attorney.
- So these people are waiting around, separated from their children, with no attorney, until they get a hearing.
- In 2015, the median wait for an immigration hearing was 404 days.
- Here’s where it gets even more twisted. If people plead guilty to asylum fraud, they get their kids back and get deported.
- So these people knock on the front door, which is perfectly legal, and we take their kids, and tell them the quickest way to get the kids back is to confess to fraud.
- If someone committed a crime (ie. shoplifting, armed robbery, murder) and you took their kids away to make them confess, that confession would be thrown out.
- But these confessions are lawful, because this isn’t criminal court.
- Because these people haven’t committed a crime.
- Now some people think that if we make it so unpleasant for these people, they will stop trying to cross the border.
- But the message this sends isn’t “Go Home.” The message it sends is “Sneak in.”
- If they go home, they think they will be murdered. If they request asylum, they are separated from their children.
- If they sneak in successfully, they’re safe. If they sneak in and get caught, they are no worse off than if they sought asylum legally.
- And remember, these people haven’t committed a crime.
^^This
Now, here’s the really ugly part: a lot of Trump supporters know this.
Not all of them, for sure, but a huge number of educated Trumpsters do.
But they don’t care, because brown people are dangerous, unamerican, and need to be locked up. They HATE it when you call them racist, so they use the “illegal alien” thing as a shield.
“I’m not racist, I just believe in law and order.”
Yeah, right.
Here is a little bit more information to help create a clear understanding of what is happening at the border:
It is true that most asylum seekers present themselves legally at an inspected border-crossing point. However, CBP has been throttling the number of asylum seekers it receives each day for processing. This is creating bottlenecks at the border. Migrants seeking protection are prevented from presenting themselves upon arrival, and are made to wait in Mexico at the border until CBP allows them to present themselves and apply.
Many migrants are sleeping rough, often with their children, for days and even weeks, for the opportunity to legally present themselves as an asylum-seeker. As described by the New York Times:
While some of the migrants have found beds in shelters in Nogales, others said they avoid the facilities out of fear of theft or abuse. Instead, they prefer to guard their spot on the asphalt so as not to lose their place in line when American officials at the crossing allow a handful each day to submit their asylum requests.
You can read more about the dire situation at the border here.
As @colordogluckynumber mentioned, this is driving migrants, out of desperation, to attempt a more hazardous unlawful entry, outside of an inspection point. If they successfully enter without getting caught they can apply for asylum from within the country.
If they do get caught, unlawful entry is a misdemeanor. Until recently, this crime was generally not prosecuted. Prosecuting this crime provides little legal benefit to the government. The individuals are sentenced to a few days in prison, at the cost of the taxpayer, after which they are handed over to immigration authorities for immigration processing. But such a conviction has no immediate negative effect to the asylum claim. It does not stop the asylum application, it does not allow the government to do anything but then continue to process the application for asylum.
So why do it?
Here’s why: while these individuals are being criminally prosecuted and serving their sentence for the misdemeanor unlawful entry, law does not allow that their children can remain with them. Insisting on criminally prosecuting migrants is the justification being used to take their children away.
As has been noted time and again, it is this policy decision to prosecute migrants for misdemeanor unlawful entry that is being wielded as a cudgel in an attempt to deter migrants.
Further, this legally enforced separation from their children is being used to pressure asylum-seekers to withdraw their applications for asylum and voluntarily depart the United States with their child. Asylum-seekers are thus faced with an impossible and cruel decision.
I have not heard as much about asylum-seekers being separated from their families in detention as @colordogluckynumber describes (there is family detention which is a whole other post), and I have not heard that detainees are being pressured to confess to immigration fraud as also described above. Rather, the longer an individual waits in detention to have their claim heard the more likely they are to “voluntarily” withdraw their claim and concede their removability. Meaning, they are more likely to give up and acquiesce to deportation, to return to the circumstances they fled. I am open to being pointed in the right direction for more reading.
But that should not undermine the overall point.
In the end, this is what I know to be true: In the 1930s, my grandfather and his brother were arrested for illegally crossing the border into Russia. As a result, they were the only members of their family to survive the Holocaust.
There is nothing criminal about survival.
Reblogging again for commentary by @palmtreepalmtree because she is an immigration lawyer and has expert knowledge and is awesome besides.
(Your picture was not posted)