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SCOTUS Rules Unanimously Against Immigrants Entering Illegally to Permanently Stay in U.S.

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SCOTUS

The Supreme Court of the United States has reached a unanimous decision against illegal aliens who seek to permanently stay in the U.S. after crossing illegally. Breitbart reports, “the U.S. Supreme Court (SCOTUS) on Monday held that illegal aliens who were subsequently given Temporary Protected Status (TPS) are not eligible for green cards to permanently remain in the U.S.”

Perhaps president Joe Biden and Vice President Kamala Harris need to be meeting the highest court judges, rather than grovel at the feet of South American leaders. Former President Barack Obama’s Supreme Court Justice pick Elena Kagan wrote the court’s opinion for the 9-0 decision that a “TPS recipient who entered the United States unlawfully is not eligible…for [lawful permanent resident] status merely by dint of his TPS.”

“The question here is whether the conferral of TPS enables him to obtain [lawful permanent resident] status despite his unlawful entry,” Kagan wrote in the Court’s opinion. “We hold that it does not.” The lawsuit relates to Jose Santos Sanchez, an illegal alien from El Salvador who came to the U.S. illegally in 1997.

Sanchez challenged the denial of his green card application from the United States Citizenship and Immigration Services (USCIS) on the grounds that he first entered the U.S. illegally in 2014. Sanchez won in a federal district court, but the U.S. Court of Appeals for the Third Circuit reversed the decision finding that because he first entered the U.S. illegally, he was not eligible for a green card under federal immigration law.

Kagan’s opinion for the court states:

There is no dispute that Sanchez “entered the United States in the late 1990s unlawfully, without inspection.” But as earlier described, §1255 requires a [lawful permanent resident] applicant like Sanchez to have entered the country “lawful[ly],” with “inspection” — that is, to have been admitted. Indeed, §1255 imposes an admission requirement twice over. Its principal provision states that an applicant for [lawful permanent resident] status must have been “inspected and admitted or paroled into the United States.” [Emphasis added]

And another provision says that a person who has worked without authorization in the country — as Sanchez did for several years — may become a [lawful permanent resident] only if his presence in the United States is “pursuant to a lawful admission.” Sanchez has never claimed that he can, without aid from the TPS provision, satisfy those demands for admission. A straightforward application of §1255 thus supports the Government’s decision to deny him [lawful permanent resident] status. [Emphasis added]

And nothing in the conferral of TPS changes that result. [Emphasis added]

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1 Comment

1 Comment

  1. Brad

    June 9, 2021 at 4:16 am

    The result is what the Administration wanted. I don’t understand why it seems you are gloating.

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Immigration

DeSantis to Legislate Ban Working With Contractors who Help Biden’s ‘Mass Human Smuggling Operation’

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Ron DeSantis

Florida Governor Ron DeSantis told Fox News’ The Ingraham Angle when it comes to helping illegal immigrants do things, well, illegally, he wants the perpetrators to have consequences.

Speaking specifically about contractors who are flying illegal immigrants around the country, DeSantis said, “They’ve done over 70 flights in the last six months, dump people here. And we had – a few weeks ago – one of those people that Biden dumped, ended up committing a murder in northeast Florida.”

“Our view is, if they’re going to be dumping, we want to be able to facilitate transfer to places like Delaware, and, so, we have $8 million in my new budget to be able to do that” he added. He is also looking to pass legislation which will ban contractors who work with the Biden administration on the flights from doing business with the state of Florida.

We are going to pass legislation that says if you are facilitating Biden’s policies—which is effectively a mass human smuggling operation—you are not going to be able to do business with the state of Florida or other local governments,” DeSantis said.

Fox News reports “DeSantis’s office has previously claimed that the Biden administration has flown migrants to Jacksonville, Fla., in order to ease crowding at border facilities.”

“On average, there’s 36 passengers on each of these flights. And that has been going on over the course of the summer through September,” Florida public safety czar Larry Keefe told the Washington Examiner in November.

Earlier this year, White House press secretary Jen Psaki confirmed a New York Post report that the administration was flying migrants from Texas to New York. Psaki said unaccompanied minors on those flights were “en route to their final destination to be reunified with their parents or vetted sponsor” reports Fox News.

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Immigration

Former DEA Agent who Conspired with Colombian Cartel Sentenced to 12 Years

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Jose Irizarry

Despite his attorney’s interesting defense that “when my client joined the DEA he was schooled in how to be corrupt” former agent Jose Irizarry has been sentenced. The former U.S. narcotics agent “used his badge to build a lavish lifestyle of expensive cars, parties on yachts and Tiffany jewels” reports NBC News.

Irizarry was sentenced to “more than 12 years in federal prison Thursday for conspiring to launder money with a Colombian cartel.” Irizarry admitted to his crimes, but the defense for his case was to blame his former colleagues at the U.S. Drug Enforcement Administration.

“When my client joined the DEA he was schooled in how to be corrupt, he was schooled in how to break the law” said his attorney Maria Dominguez in court. “In this alternate universe it became easier and less suspect to accept money and gifts” from criminal informants who worked with the narcotics agency.

In handing down her sentence Thursday, U.S. District Court Judge Charlene Honeywell addressed any failings by the DEA for its handling of corrupt agents by “the allure of easy money.” She said it also needed to be investigated.

“This has to stop…you were the one who got caught but it is apparent to this court that there are others.” NBC News reports:

Irizarry’s allegations underscore the porous oversight he received during his career, in which he was entrusted with the government’s use of front companies, shell bank accounts and couriers to combat international drug trafficking.

They also raise new questions about whether his colleagues in the Miami field office, where Irizarry’s criminal activity began, similarly abused the badge in their handling of confidential informants who every year move tens of millions of dollars in dirty money under the DEA’s supervision.

Dominguez in court filings revealed that since Irizarry’s arrest last year he has met with prosecutors for “endless hours” to provide information on the criminal activities of “fellow law-enforcement agents who initiated him in a life of crime.”

Honeywell recently sealed “sensitive” documents filed in the criminal case, saying their disclosure could potentially impede an ongoing criminal investigation, cause targets to flee and hinder cooperation from other witnesses. So far, other than Irizarry’s wife, Nathalia Gomez-Irizarry, and a Colombian customs worker, nobody else has been charged in the conspiracy.

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