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Stuart G

(38,427 posts)
Sun Jun 17, 2018, 06:19 PM Jun 2018

Can't someone go to court, get a court order for release of children due to 5th and 6th Amendments?

.....Someone go directly to a regional federal court, or to the Supreme Court, and get the children released by court order to parents.. The detention seems to me to be ..........illegal..What crime did the children
commit that causes them to be incarcerated ????

14 replies = new reply since forum marked as read
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brooklynite

(94,581 posts)
2. "What crime did the children commit that causes them to be incarcerated ????"
Sun Jun 17, 2018, 06:27 PM
Jun 2018

THAT's simple; they crossed the border illegally. The issue at hand is about how detainees should be processed, vs. how they are.

a kennedy

(29,669 posts)
5. Yes.....there has to be something legally that can be done for these families......
Sun Jun 17, 2018, 06:39 PM
Jun 2018
There are no words for what is happening to my country.....oh ya there is....FASCISM

LeftInTX

(25,349 posts)
14. What happens to the kids after their parents are deported????
Sun Jun 17, 2018, 07:25 PM
Jun 2018

Are they reunited with their parents and deported with them???
From what I'm hearing, the kids are not reunited because they are in the ORR custody and not DHS.
The kids are reclassified as "unaccompanied minors" because the parents were hauled off.

The adult is quickly put on a plane and has no idea where their child is.

To the best of my knowledge DHS is not looking for these kids.

 

Hoyt

(54,770 posts)
3. Agree, but I think kids are separated because parents allegedly committed a crime by entering
Sun Jun 17, 2018, 06:31 PM
Jun 2018

the country and now face incarceration and deportation. The kids wouldn’t have anywhere to go. Absolute BS, but haters and Nazis can rationalize anything.

 

Hoyt

(54,770 posts)
6. As far as I'm concerned, coming here for a better life isn't either v
Sun Jun 17, 2018, 06:50 PM
Jun 2018

I think the Nazis reject Asylum, and call it illegal entry. And that is only a misdemeanor, as I understand it.

I really think trump is using this to force construction of if wall, probably wants his name plastered on it.

brooklynite

(94,581 posts)
8. Is it your opinion that ANY people should be able to enter the country in any quantity?
Sun Jun 17, 2018, 06:57 PM
Jun 2018

You're welcome to have that opinion, but I don't think any elected official, up to and including Bernie Sanders, would agree.

 

Hoyt

(54,770 posts)
11. As to Sanders, he's an America Firster, so I'm sure you are right.
Sun Jun 17, 2018, 07:02 PM
Jun 2018

Otherwise, sorry, but I’m not for turning people from North America away, certainly not harshly.

I would be for exchanging them, one for one, for white wingers.

The Velveteen Ocelot

(115,713 posts)
12. And there's the Catch-22.
Sun Jun 17, 2018, 07:05 PM
Jun 2018

They've closed the border checkpoints to asylum-seekers, so they have to cross at some unauthorized point, where they turn themselves in, requesting asylum, and are arrested for crossing illegally. There's a great explanation of the situation here:

AC: So the idea of zero tolerance under the stated policy is that we don’t care why you’re afraid. We don’t care if it’s religion, political, gangs, anything. For all asylum seekers, you are going to be put in jail, in a detention center, and you’re going to have your children taken away from you. That’s the policy. They’re not 100 percent able to implement that because of a lot of reasons including just having enough judges on the border. And bed space. There’s a big logistical problem because this is a new policy. So the way they get to that policy of taking the kids away and keeping the adults in detention centers and the kids in a different federal facility is based on the legal rationale that we’re going to convict you, and since we’re going to convict you, you’re going to be in the custody of the U.S. Marshals, and when that happens, we’re taking your kid away. So they’re not able to convict everybody of illegal entry right now just because there aren’t enough judges on the border right now to hear the number of cases that come over, and then they say if you have religious persecution or political persecution or persecution on something that our asylum definition recognizes, you can fight that case behind bars at an immigration detention center. And those cases take two, three, four, five, six months. And what happens to your child isn’t really our concern. That is, you have made the choice to bring your child over illegally. And this is what’s going to happen.

TM: Even if they crossed at a legal entry point?

AC: Very few people come to the bridge. The border patrol are saying the bridge is closed. When I was last out in McAllen, people were stacked on the bridge, sleeping there for three, four, ten nights. They’ve now cleared those individuals from sleeping on the bridge, but there are hundreds of accounts of asylum seekers, when they go to the bridge, who are told, “I’m sorry, we’re full today. We can’t process your case.” So the families go illegally on a raft—I don’t want to say illegally; they cross without a visa on a raft. Many of them then look for Border Patrol to turn themselves in, because they know they’re going to ask for asylum. And under this government theory—you know, in the past, we’ve had international treaties, right? Statutes which codified the right of asylum seekers to ask for asylum. Right? Article 31 of the Refugee Convention clearly says that it is improper for any state to use criminal laws that could deter asylum seekers as long as that asylum seeker is asking for asylum within a reasonable amount of time. But our administration is kind of ignoring this longstanding international and national jurisprudence of basic beliefs to make this distinction that, if you come to a bridge, we’re not going to prosecute you, but if you come over the river and then find immigration or are caught by immigration, we’re prosecuting you.

TM: So if you cross any other way besides the bridge, we’re prosecuting you. But . . . you can’t cross the bridge.
https://www.texasmonthly.com/news/whats-really-happening-asylum-seeking-families-separated/

targetpractice

(4,919 posts)
7. Isn't this a kind of collective punishment?
Sun Jun 17, 2018, 06:57 PM
Jun 2018

... a violation of the laws of war and the Geneva Conventions?

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