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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

Biden Administration Leaves Border Patrol in Impossible Situation, Then Chastises Them

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Alejandro Mayorkas

Photos and video were released of the almost 15,000 migrants, primarily from Haiti, congregating under a bridge in a Texas border town over the weekend. Overcrowding and pleas from local politicians and border patrol agents prompted the Department of Homeland Security to expel over 6,000 Haitians on flights back to Haiti.

President Biden and Vice President Kamala Harris have been pathetically absent from the increasing crisis their administration created at the southern border. Department of Homeland Security Secretary Alejandro Mayorkas was forced to take action and issued a statement that was long overdue.

“If you come to the United States illegally, you will be returned. Your journey will not succeed, and you will be endangering your life and your family’s life” said Mayorkas. The expulsion of the 6,000 migrants, with more on the way, is legal action the U.S. can take, thanks to a pandemic-related authority implemented by former President Donald Trump in March of 2020.

President Biden upheld Trump’s policy but exempted unaccompanied children. As of Saturday, a peak number of 14,872 migrants were at the bridge trying to get into the United States. Mayorkas said 600 Homeland Security employees, including Coast Guard, have been brought to the border town to aid in the border chaos.

Photos and video emerged of officials on horseback trying to keep migrants from crossing the river which prompted White House Press Secretary Jen Psaki to finally make a comment regarding the border. She took the chance to chastise the very people her boss forced into the situation.

“I don’t think anyone seeing that footage would think it acceptable or appropriate” Psaki said of the “horrific” footage and called for an investigation. A solution to the border crisis itself, however, was not discussed.

In an afternoon news conference, both Mayorkas and U.S. Border Patrol Chief Raul Ortiz said they did not see anything obviously wrong from the photos and videos. Mayorkas even explains agents use long reins, not whips, to control their horses. Ortiz mentioned it can be confusing to distinguish migrants from smugglers as people frantically cross the river back and forth.

Later on Monday, the Department of Homeland Security did issue a statement calling the footage “extremely troubling” and promised an investigation to “define the appropriate disciplinary actions to be taken.”

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Immigration

Border Agents Accused Of Whipping Migrants Taken Off Law Enforcement Duties

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U.S. Border Patrol

On Wednesday, Department of Homeland Security Secretary Alejandro Mayorkas announced that U.S. Border Patrol agents that had been falsely accused of using “whips” on Haitian illegal immigrants are no longer conducting law enforcement duties while the incident is investigated.

“Homeland Security Secretary Alejandro Mayorkas, who initially backed the agents before changing his stance amid outrage from the White House and left-wing Democrats, told a House Committee that the agents had been taken off the frontlines amid an investigation that he expected to take days, rather than weeks,” Fox News reported.

“We have ensured that the individuals during the pendency of the investigation are not conducting law enforcement duties to interact with migrants, but rather are conducting only administrative duties,” Mayorkas told the Committee.

“The facts will drive the actions that we take,” he said. “We ourselves will pull no punches and we need to conduct this investigation thoroughly, but very quickly. It will be completed in days, if not weeks.”

The announcement comes as U.S. Border Patrol is already being overwhelmed by the record-high levels of illegal immigration, which has passed 200,000 border encounters for the second consecutive month – the first time that number has been reached in 21 years.

In response to the illegal immigration surge, which began in March, a group of 26 governors sent a letter to President Biden urging him to take action to stop the flood of illegal immigrants across the southern border.

“The months-long surge in illegal crossings has instigated an international humanitarian crisis, spurred a spike in international criminal activity, and opened the floodgates to human traffickers and drug smugglers endangering public health and safety in our states,” the letter said, in part. “A crisis that began at our southern border now extends beyond to every state and requires immediate action before the situation worsens.”

However, reducing the number of U.S. Border Patrol agents able to perform law enforcement duties appears to be taking a step in the opposite direction.

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