Immigration Protestors You're Correct So What's A Workable Fix!

Discussion in 'Immigration' started by JimfromPennsylvania, Jul 4, 2018.

  1. JimfromPennsylvania

    JimfromPennsylvania Active Member Past Donor

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    All those people that have participated in and supported the many protests that have been going on across the country against separating families of illegal immigrants bravo you've made your views known loud and clear but how about offering some constructive compromise solutions that can be supported by the majority of Americans including ones like this writer that are opposed to catch and release because anything short of ending this policy does not offer permanently ending this terrible illegal immigration problem with its myriad harms it causes in America. Part of the problem is that in there is too many illegal immigrant cases in the immigration enforcement system so the detention facilities for illegal immigrant families get filled to capacity which creates this pressure to separate families to hold the parent that is facing criminal immigration charges. Since the public outrage over separating families Custom and Border Patrol is releasing entire families but how long this goes on with President Trump's "Zero Tolerance" policy is anyones guess but we do know what is overloading the system to a significant degree the administration's policy to prosecute everyone crossing the border illegally even first time offenders the system has an abundance of these first-time offenders that do not have children in our detention facilities and their cases are straining our immigration court dockets.



    What America needs to do is get these first time offenders out of the system, this Trump zero tolerance policy that has caused this situation is completely non-sensical it's buckling the whole system. In order to do this Congress needs to go around the Attorney General, Jeff Sessions, who loves this policy because it fits right in with his tunnel vision law and order ideology. I don't know if this is legally possible but Congress should pursue creating state like diversion programs for first time offenders for these first time immigration law offenders; at the state level these programs allow first time offenders to have their case put in a program where if they don't offend again for a year their case is dismissed. Part of the challenge here is that ordinarily these programs operate by prosecutorial discretion which would never work in the instant case because Attorney General's like Jeff Sessions would never cooperate but in some states as a practical matter Judges disregard prosecution objections and approve defendants for admission into the program if Congress could give District Court Judges this power to enter first-time immigration offenders into the program it would work (Of course a defendant in order to be admitted to the program would have to agree to obey U.S. immigration laws in the future and agree to be deported). Another part of the problem is that in order to get this to work Congress needs to provide the authority to illegal immigrant's facing charges to move their cases to district courts out of the immigration court system because the immigration Judges are all selected by the Attorney General and practically hold their job at his pleasure so unless these cases are able to be moved to the District Court the Attorney General will block the diversion.



    The other obvious partial solution to solving the overloaded immigration system is Congress appropriate more money to hire more immigration Judges and more immigration lawyers and more deportation staff. President Trump to the outstanding frustration of an abundance of Americans, that know our current immigration system is wrong and dramatically hurts American from a reputation standpoint, opposes increased spending in this area because it undermines his agenda to cut federal spending. Congress needs to pass this additional funding and make it mandatory spending for immigration system officials and give illegal immigrants in the immigration enforcement system the power to bring a class action lawsuit to force the federal government to add resources to the system and explicitly give the District Court Judge hearing the case the authority to get it done whether it is holding people in contempt or creating a master to bring the needed change, etc.!



    Another complaint the protesters have where if they craft a consensus response they might be able to get Congress to pass legislation that provides real help on the issue. What is being referred to here is ICE's recent track record of arresting, holding and trying to deport illegal immigrants that have been law abiding people holding down a job and not causing an trouble for ten plus, seven plus years some might even have a criminal record for an incident that happened ten plus years ago but it is not really serious like murder, rape or high quantity drug sales. This makes no sense there is much more pressing immigration problems that should be focused on plus anyone with any sense knows the country has to pass comprehensive immigration reform that legalizes most of the eleven to twenty plus million illegal immigrants because otherwise America will be continually be living with an overwhelmed immigration enforcement system that is ineffective for that very reason and American will continually be in a state where she has high numbers of illegal immigrants living and working in America. Further, wisdom calls for the assessment that a comprehensive immigration deal that solves this problem will be enacted into law within ten years essentially the only group of Americans that don't want such a deal are the far right which number at most thirty percent of the population and their numbers are diminishing as greater numbers of Americans are becoming ever more frustrated and unhappy with this lingering serious open wound problem of illegal immigration in America. A helpful development on this problem would be if Congress gave jurisdiction for these cases where the illegal immigrant almost certainly will be legalized in time to District Courts where District Court Judges would be authorized to release these illegal immigrants on Bail or ROR. With District Court Case Dockets across the country having high case loads this will result in the processing of these immigration cases proceeding at a slow rate and with the defendants out on bail or ROR where the "them being in custody" harm is removed this buys all Americans of good will time to push a good comprehensive immigration law over the goal line!
     

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