General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsOF COURSE HE DID.
?w=600&h=166http://www.chicagotribune.com/la-na-pol-sessions-asylum-20180611-story.html
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lame54
(35,317 posts)renate
(13,776 posts)This country is turning to shit before our eyes.
nature-lover
(1,470 posts)So many evil policies. Makes me wonder.
Bettie
(16,121 posts)Old Beauregard living his dreams.
He gets to know that his actions have caused people to die. Makes him happy as a pig in mud.
Is how we say it in the South.
CincyDem
(6,385 posts)Since when does the exec branch order the judiciary ? Is this some kind of interpretation of an executive finding or order ?
Caliman73
(11,744 posts)House of Roberts
(5,180 posts)Judges aren't part of the Executive branch. They don't take orders from Sessions.
Caliman73
(11,744 posts)Immigration judges are appointed by the AG and under the Administrative branch.
fallout87
(819 posts)"Unlike the federal judiciary system, the U.S. immigration courts fall under the Justice Departments jurisdiction, and the attorney general can intervene."
https://www.reuters.com/article/us-usa-immigration-asylum/u-s-attorney-general-curbs-asylum-for-immigrant-victims-of-violence-idUSKBN1J7246
CincyDem
(6,385 posts)Volaris
(10,274 posts)If Constitutional Rights come from Gawd, and are only enforceable by the Government (the Republican argument), shouldn't our constitutional standards for who has jurisdiction apply to all Humans, EQUALLY? Or am I to accept that Human Rights only apply to WHITE Humans?
Oh wait Puerto Rico. got it.
Thanks, GOP.
Hamlette
(15,412 posts)Americans are subject to many administrative law judges (ALJ) depending on the cause of action. Workers' compensation, unemployment, public assistance, social security, Medicaid benefits are all decided by ALJs are all ALJs are part of the executive branch and not the judicial branch HOWEVER, all decisions by ALJs (or Immigration Judges, which are the same as ALJs but for...duh..immigration) can eventually be appealed to a "real court" on appeal. Either the state or federal court of appeals.
Sessions can issue opinions based on his interpretation of the law like he did here. If the law/regulation is clear, and Sessions is wrong, the IJ or ALJ is required to follow the law/regulation, not Sessions.
CincyDem
(6,385 posts)I'm a lawyer and did admin law for 30 years. It's a fast, sort of down and dirty way to move cases through the system. I was the one who reviewed the decision of the ALJ to decide if it was right (or overturn it) and then defend the decision at the Court of Appeals.
You'd be surprised how many of us left leaners are in the system. I figured it was my job to tell the agency to turn left every time there was an option.
Fred Sanders
(23,946 posts)order judges seems not right at all...maybe we will here from the judges soon...and en mass resignation?
2naSalit
(86,767 posts)give deference to it whether they openly say so or not.
House of Roberts
(5,180 posts)If they can be ordered to not consider the merits, case by case, they don't even fit the description of a real judge.
Not arguing, just pointing out a fallacy, as I see it.
Hamlette
(15,412 posts)To lawyers its a different animal.
gibraltar72
(7,510 posts)Would be a terrible human being?
orangecrush
(19,611 posts)RandomAccess
(5,210 posts)Domestic abuse wasn't a crime HERE until we (women, mostly) made it so.
Thus, whether or not and how well any other country handles domestic violence is a political issue, not merely a crime issue. Since it IS a political issue, that should put it under our asylum laws.
Volaris
(10,274 posts)But since most Republicans wouldn't have domestic abuse be a crime HERE, you can guess the foundations for their counter-argument.
PaulX2
(2,032 posts)So F-ing Evil.
IronLionZion
(45,516 posts)what an asshole
calimary
(81,441 posts)dflprincess
(28,082 posts)Sounds like it to me.
BlancheSplanchnik
(20,219 posts)Had that happen to ME. Ah caint reeelate atall.
Ah can do whatever Ah want to them.
Beauregards thought process
Some grab p******, some commit murder of millions. In a nice white collar way, of course.
SomethingNew
(279 posts)I could be missing something here, and I'm certainly no expert on asylum law, but I've done some pro-bono legal work in the area and fleeing generalized violence, like gang violence, is not grounds for asylum. Domestic violence isn't either. The groups I've worked with trained us to try to frame the narrative such that those could be considered persecution based on a particular social group, but that has always been stretching the law to its limits and rarely works. The article discusses the inability of the Salvadoran government to protect the particular victim in that case. That is another element of the asylum application but isn't grounds on its own.
Sessions basically just says exactly that in the quoted material in the article. He didn't even issue a blanket bar on asylum for such individuals if its possible to fit it into one of the accepted groups.
I would like to see the laws opened up to allow more people to seek asylum in the US, but I don't really see how Sessions has changed policy at all with this.