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A Civil Rights Commissioner Weighs In On Children at the Border
Topic Started: Jun 20 2018, 06:52 AM (59 Views)
Berton
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A Civil Rights Commissioner Weighs In On Children at the Border

On Friday, U.S. Civil Rights Commissioner Peter Kirsanow wrote to Attorney General Jeff Sessions and Homeland Security Secretary Kirstjen Nielsen on the subject of separating families who enter the country illegally at the southern border. Peter’s letter is as clear an explanation of the issue as I have seen. It is so cogent that I am duplicating it here, as well as embedding it below via Scribd:

Dear Attorney General Sessions and Secretary Nielsen:

I write as one member of the U.S. Commission on Civil Rights, and not on behalf of the Commission as a whole. The majority of the U.S. Commission on Civil Rights has issued a statement condemning the Department of Justice and Department of Homeland Security for separating parents and children who cross the border illegally.1 The reason parents and children are separated is the law: When an adult illegal alien is prosecuted for unlawful entry, that person is taken into the custody of the U.S. Marshals and the children are taken into custody by HHS. Nonetheless, unless the adult applies for asylum, the unlawful entry is resolved relatively quickly and the separation is brief. But if the adult applies for asylum, the process–-and separation–is lengthier. That is because the 1997 Flores Consent Decree (and the Ninth Circuit’s interpretation thereof) stipulates that children may be held no more than twenty days. The asylum process is much longer.

If the U.S. were detaining the children with their parents, the Commission majority would surely issue a statement condemning the Departments for detaining children. Thus, the only way to avoid separating children from illegal alien parents that would be acceptable to the Commission majority would be to release both parents and children into the U.S., contrary to law. The bottom line is that the Commission majority is opposed to enforcing almost any immigration laws pertaining to illegal entry.

People who have potentially valid claims for asylum can present themselves at ports of entry and request asylum. They will be processed normally and will not be separated from their children because they are following the law.2

It is unwise to release detained individuals into the United States, because they are then very likely to abscond into the interior and fail to appear for their immigration hearing. “Over the past 20 years, 37 percent of all aliens free pending their trials – 918,098 out of 2,498,375 – never showed for court.”3 (Aliens who are detained are almost certain to appear at court, because they do not have the ability to abscond). And individuals who have claimed asylum also are likely to fail to appear for their court proceedings – “[o]n average, 46,000 people each year vanished from proceedings created specifically for those claiming persecution in the lands they called home.”4 This suggests that quite a few of these claims are weak, if not false, and that the individual’s goal was simply to make it into the United States and then disappear.

Separating children from their parents is regrettable. It is not, however, unique. American parents are separated from their children every day when they are arrested or incarcerated. According to HHS, during Fiscal Year 2016, 20,939 American children entered foster care because their parent is incarcerated.5 This is more than ten times the number of children who have been separated from their parents due to entering the United States illegally.6 People who cross the border illegally have committed a crime, and one of the consequences of being arrested and detained is, unfortunately, that their children cannot stay with them.

Among the principal reasons people immigrate to this country is the primacy we give to the rule of law and the benefits that flow therefrom. Despite what my colleagues seem to think, there is no super-statute that decrees that aliens must be treated better than Americans. If Congress decides to change the law, that is its prerogative. But until such time as Congress changes the law, the Department of Justice should continue enforcing existing law and prosecute every case of illegal entry.

Sincerely,

Peter Kirsanow Commissioner

LINK
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Banandangees
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Hmm! It's the law?? Does Peter Kirsanow know what he's talking about? I mean, does he know more than the average LWOB. Does he know more about U.S. immigration law than LWOB Canadians?
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Jim Miller
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Doubtful.
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Berton
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The left wing expects the President to use his pen to change the law like Obamba did. This president believes in upholding the Constitution, he will not do it. It is up to Schumer and the left wing to join in and change the law.

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icy-woman
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They said the same thing about me, that I was a flight risk for living in my own home. I had to pay their ransom/extortion, I never skipped out of any of the many court dates, they never went through with the jury trial I was promised, they just dismissed the case and I NEVER DID GET ANY OF THE MONEY I HAD TO PAY IN WHAT THEY CALL BOND BACK!..

These are Blue ISIS terrorists. That's true of your loving cops as well as Trump's ICE. Deputies, troopers, police, all sick evil monsters and the Trump bigots praise them as hero's and worship them as their gods.

Trump admits he wants the USA to be more like N Korea, but in truth, I believe it is already worse in many ways. NK don't even have the illusion of freedom, the US does and much the rest of the world refuse to see it even with people like Jimmy Dore showing it to them right up in their face. Canada has more freedom and Mexico has way more freedom than the USA. Oh sure the US has rights written down on paper but on that paper is where they stay, those rights are not in practice and always violated.

The USA's tyranny is the worst in history because people refuse to see it, not because it's hard to see. If me speaking out against this tyranny made any difference your loving cops would be on their way here right now to shut me down.
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Berton
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Berton
Jun 20 2018, 09:42 PM
The left wing expects the President to use his pen to change the law like Obamba did. This president believes in upholding the Constitution, he will not do it. It is up to Schumer and the left wing to join in and change the law.

aaasbump
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ImaHeadaU
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Berton
Jun 20 2018, 06:52 AM
The reason parents and children are separated is the law: When an adult illegal alien is prosecuted for unlawful entry, that person is taken into the custody of the U.S. Marshals and the children are taken into custody by HHS.
It is the law that the White House has chosen to prosecute. Prosecutors get to choose which law to charge. Up until April the White House decided to change from previous procedure of charging such families in civil court to charging them in criminal court. Consequently, children in these cases are now being separated from their parents.

What they are presently doing is legal but it is unwise, unnecessary and immoral.
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Banandangees
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ImaHeadaU
Jun 20 2018, 10:50 PM
Berton
Jun 20 2018, 06:52 AM
The reason parents and children are separated is the law: When an adult illegal alien is prosecuted for unlawful entry, that person is taken into the custody of the U.S. Marshals and the children are taken into custody by HHS.
It is the law that the White House has chosen to prosecute. Prosecutors get to choose which law to charge. Up until April the White House decided to change from previous procedure of charging such families in civil court to charging them in criminal court. Consequently, children in these cases are now being separated from their parents.

What they are presently doing is legal but it is unwise, unnecessary and immoral.

The "refugees" seeking asylum have a legal avenue. They chose not to take it. They chose to cross illegally. The law is the law. The problem with the U.S. is it hasn't enforced the law for decades; thus, they illegals flood across the border.

As far as "Immoral" goes, it's the law that is immoral. If so, then Canada's law is immoral for using merit as a legal immigration basis and it has been shown that Canada's (Trudeau's) open door to the "poor and huddled masses" has run it's short course of tolerance:

https://www.dailywire.com/news/28454/canada-having-really-tough-time-illegal-emily-zanotti

Just think if they had the illegal influx at the rate the U.S. has. According to the link, tolerance would be running thin. Immorality would set in pretty quick. But, it's not happening yet in Canada. These refugees would have more trouble traveling through the U.S. than they have in Mexico.... who apparently is not offering asylum; otherwise, why would they travel all the way through Mexico to get to the U.S. border and not ask for the proper channels of asylum acceptance, but cross illegally. Canada would not tolerate that, immoral or not.
Edited by Banandangees, Jun 20 2018, 11:28 PM.
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