LAPD To No Longer Comply With Feds On Immigration Hold Requests

[Jhhnn]

in relation to this story, what is it that the "righties" are wanting and whining about because they got what they wanted????

Deliberately obtuse often?

They wanted to Cut! Cut! Cut! federal spending & they got it, including cuts to the federal judiciary that oversees deportation processes. Now that they have it, they whine about places like LA refusing to hold potential deportees for interminable amounts of time while they wait for their turn to see the Judge.

 

[Wreckem]

I dont like illegal aliens, but they need to be treated like everyone else where due process is concerned.

I also have a problem with Guantanamo Bay but people seem to have forgotten about that.

Most who enter the US illegally do not have the right to a trial and can be immediately removed. The GOP in 2002 made it so minors have to be detained and given a trial. Congress massively underfunds immigration agencies to the point all Immigration courts have a year or more backlog.

But yet this is all Obamas fault. The vast majority of these children will be deported, it's just going to take a while. The goal right now is to rapidly build up immigration staff to have a 10-15 day turn around to deport people but that's going to require a lot of IJs, AOs, ROs, and IOs to be hired and trained. Or you know Congress could act and not require these kids to have trials. Then they could all be deported relatively easily and immediately without trials like everyone else.

 

[Wreckem]

From my understanding these folks get caught possibly doing something illegal, or get caught under suspicion of being an illegal. But usually they are given a hearing and or trial for anything illegal done in this country and then deported if found guilty. But they only hold them for a certain period of time and then give them the hearing/trial. I think a lot of those who have done something illegal like say murder, rape, or stealing should in fact be held and then get their trial. But I don't agree with holding and detaining for months on end without trial or hearing of any sort.

I also think that this current administration is looking to buy time, and states are getting overwhelmed with holding so many people. They aren't set up to hold that many people for long periods.

In addition a lot of these folks who are coming here in droves apparently are children, many are very young, and they are traveling many countries to get here. Some from Ecuador and other countries not just Mexico. My question is, why is there this huge flux all of the sudden? Who is coordinating all these children's travels here? I think there is much more going on than just promise of being in a free country.

The issue has been growing since 2011. It coincides with a rise in violence in Latin America. And yes immigrants can be detained indefinitely until removed. All adults and minors from Mexico aren't typically entitled to trials. If you are Mexican and get caught at the border/100 miles inland you are almost always immediately deported. The US treats minors from other Latin countries differently and those people are required by law to be given trials. They can be detained until trial. Often times now they are releases and instructed to show up on x day.

 

[Wreckem]

An illegal alien should have no rights.

We'll your party when it had the Presidency, the House and the Senate gave illegal minors from Central/South American countries(other than Mexico) the right to a trial. If those children were from Mexico they would have already been deported once caught at the border.

 

[Wreckem]

You know, your like a 12 year old who is purposefully trying to push hot buttons with a parent.. and argue incessantly.


Here is what they are saying: The Police Department will now only honor requests from Immigration and Customs Enforcement to keep someone in custody if there has been a judicial determination of probable cause or a warrant from a judicial officer, Garcetti said.

They aren't letting people go either. ICE has to come and get the people that they are no longer detain past the reasonable amount of time set by law. If they are in fact proven to be an illegal. If they are illegal immigrants then ICE has to do their job. What is happening is ICE isn't doing their job atm. They are asking states like CA and Texas to set up permanent detainment centers to hold folks past the period allowable by law.

I suspect that Obama might be looking to give haven to all the children who are coming here in droves atm and is trying to figure out what to do. He is buying time. So he has ICE ask the states to hold these folks longer and longer, which turns into months.

That is why California got hammered with a lawsuit and lost btw. Go look it up. A woman who was suspected of being an illegal immigrant and harboring drugs was forcibly detained and kept for months in a jail cell. She filed suit and won.

You are also forgetting their is due process of law for people who are suspected of being an illegal immigrant. They might not be an illegal, but many legal citizens do get caught up in the net of ICE and get held for a period of time till they have their due process and trial or what ever is required to prove they are legal, or haven't done anything illegal.

Sigh.. I am getting tired of typing to a 12 year old. So I will let someone else deal with you now...

If you claim you are a US citizen you are promptly removed to federal court and are taken out of the immigration system. What you are suggesting is extremely rare. And no most illegals do not have a right to a trial. Due process when it comes to immigration is not what you think it is. Due process in most immigration matters and especially those involving illegal entry are done by an administrative process/paperwork not a trial. Only a tiny fraction of immigrants and even less illegal immigrants ever get a trial before an IJ. To highlight this fact the US not that long ago only had ~130 Immigration Judges. The issue with these children is, by a law passed in 2002 they are required to have trials. If they were from Mexico this wouldn't be an issue. Mexican minors detained at the border are immediately deported. There is talk of revising that law to stop the levels of detained children from continuing to rise. If they revised the laws the children who come in the future would be immediately deported just like minors from Mexico. However, they have to give the already detained children trials. Which is why the immigration agencies are on a hiring spree. They are trying to temporarily ramp up to get the 1 year backlog down to a much smaller amount of time.

 

[Wreckem]

Deliberately obtuse often?

They wanted to Cut! Cut! Cut! federal spending & they got it, including cuts to the federal judiciary that oversees deportation processes. Now that they have it, they whine about places like LA refusing to hold potential deportees for interminable amounts of time while they wait for their turn to see the Judge.

The IC is not part of the federal judiciary. It's part of the EIOR which is part of the DoJ. Likewise, most immigration matters are handled administratively rather than through the IC. But your point stands the IC and the agencies that administratively handle immigration matters are and have always been inadequately funded to handle the case load.

Due process does not mean a trial when it comes to most immigration matters. It's different for these children because of federal law that states otherwise.