Delphic Oracle |
16th July 2021 04:49 PM |
Quote:
Originally Posted by Stacyhs
(Post 13540164)
G.P. Bush Republican appointed judge in TX rules that the DACA program is illegal because Obama overstepped his authority and that it's Congress' power to create such laws. This stops any further applications from being accepted but keeps those already protected under DACA safe.
Republican, Texas....I'm shocked!
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*headdesk*
8 U.S. Code § 1255
Quote:
(a)Status as person admitted for permanent residence on application and eligibility for immigrant visa
The status of an*alien*who was inspected and admitted or paroled into the*United States*or the status of any other*alien*having an approved petition for classification as a*VAWA self-petitioner*may be adjusted by the*Attorney General,*in his discretion and under such regulations as he may prescribe, to that of an*alien*lawfully admitted for permanent residence*if (1) the*alien*makes an application for such adjustment, (2) the*alien*is eligible to receive an*immigrant visa*and is admissible to the*United States*for*permanent*residence, and (3) an*immigrant visa*is immediately available to him at the time his application is filed.
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Other variations exist with minor differences in variables.
Also in C.F.R. 8, 1245.11
Quote:
(a)*Eligibility.*An application on Form I-854, requesting that an alien witness or informant in S nonimmigrant classification be allowed to adjust status to that of lawful permanent resident, may only be filed by the federal or state law enforcement authority (“LEA”) (which shall include a federal or state court or a United States*Attorney's Office) that originally requested S classification for the alien. The completed application shall be filed with the Assistant*Attorney*General,*Criminal Division,*Department of Justice, who will forward only properly certified applications to the*Commissioner, Immigration and Naturalization*Service, for approval. Upon receipt of an approved Form I-854 allowing the S nonimmigrant to adjust status to that of lawful permanent resident, the alien may proceed to file with that Form, Form I-485, Application to Register Permanent Residence or Adjust Status, pursuant to the following process.
(1)*Request to allow S nonimmigrant to apply for adjustment of status to that of lawful permanent resident.*The LEA that requested S nonimmigrant classification for an S nonimmigrant witness or informant pursuant to section 101(a)(15)(S) of the*Act*may request that the principal S nonimmigrant be allowed to apply for adjustment of status by filing Form I-854 with the Assistant*Attorney*General,*Criminal Division, in accordance with the instructions on, or attached to, that form and certifying that the alien has fulfilled the terms of his or her admission and classification. The same Form I-854 may be used by the LEA to request that the principals nonimmigrant's spouse, married and unmarried sons and daughters, regardless of age, and parents who are in derivative S nonimmigrant classification and who are qualified family members as described in*paragraph (b)*of this section similarly be allowed to apply for adjustment of status pursuant to section 101(a)(15)(S) of the*Act.
(2)*Certification.*Upon receipt of an LEA's request for the adjustment of an alien in S nonimmigrant classification on Form I-854, the Assistant*Attorney*General,*Criminal Division, shall review...
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Again, this one is specifically about informants, but I didn't want to crawl through 80 pages of sequences that all look almost identical to find the numerous examples that apply.
You get the idea.
The "DACA Program" amounts to a request by the president (via Executive Memorandum, not Executive Order, IIRC) to use that discretion as broadly as possible for unaccompanied minors.
Asylum claims must be processed and reviewed. While that process occurs, a person is considered temporarily admitted.
This is why they narrowed the places down where asylum could be claimed and wouldn't confirm any administrative judges to those posts. This is why they were ripping children from parents' arms and making them sign (not asylum request) documents in a language they couldn't read or they'd never see their kids again. They got them to claim some other kind of procedure to prevent the A.G. discretion from being an option.
Because the (properly passed by Congress) law is clear this is totally legal.
Why doesn't this judge know these laws exist?
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