Immigration judges cannot release migrants who are caught sneaking into the United States, even if the migrants ask for asylum, says a binding legal decision by Attorney General William Barr.
The decision will dramatically shift the migration-caused civic and housing crises from the nation’s blue-collar communities over to the Congress and the Department of Homeland Security, whose budget and detention centers only have enough resources to house about 50,000 people year-round.
“The [text of the relevant] Act provides that, if an alien in expedited proceedings establishes a credible fear, he “shall be detained for further consideration of the application for asylum,” says Barr’s April 16 decision, titled. Matter of M-S-. Because of the law, “I order that, unless DHS paroles the respondent under section 212(d)(5)(A) of the Act, he must be detained until his removal proceedings conclude.”
“This is a HUGE ruling that will harm thousands seeking protection from persecution at the US border since far more will be held in detention even after passing the threshold screening under the credible fear standard,” complained Greg Chen, director of government relations at the American Immigration Lawyers Association.
The association’s lawyers make their money by guiding migrants and corporate hiring managers through the extremely dense network of migration laws and regulations. But Barr’s decision blocks the use of a common path for migrants who are trying to get through the courts and into the U.S. jobs they need to repay the smuggling fees they owe to the cartels.
Barr directed officials to delay implementation of the law for 90 days, giving DHS managers — and congressional leaders — three months to decide which migrants should be released into the nation’s cities and towns.
The delay gives time for DHS to set up tent cities where migrants can be held until the judges decide the asylum pleas. If DHS detains most of the migrants — and so prevents them from working — the next wave of migrants may decide that any effort to get into the United would be an economic disaster for their families.
On April 15, Democratic Sen. Bernie Sanders endorsed the wider use of detention centers on the border.
Sen. Bernie Sanders supports border detention & asylum processing of migrants. The detention would end the catch-and-release policies which fund & encourage the migration. (FWIW, progressives & biz will OK border centers if most migrants are given asylum) https://t.co/mXoAAfaozz
— Neil Munro (@NeilMunroDC) April 16, 2019
Barr’s decision is part of a large legal battle of move-countermove between President Donald Trump’s deputies and the many pro-migration progressive judges in the federal courts. Massive resistance by those judges has blocked and delayed many of Trump’s policies, but Trump’s deputies are expected to win most of the decisions if and when the U.S. Supreme Court decides to rule on each dispute.
full story at https://www.breitbart.com/politics/2019/04/16/attorney-general-barr-blocks-catch-and-release-by-migration-judges/