Ok,
this topic is a hot one for most people… BUT before you blow a gasket read this
ENTIRE post and see the logic…
Please
do NOT take this topic back to when we founded the country before immigration
laws were written etc… THAT is a totally different topic than the one I speak
on here and will address THAT in a different post…
PLEASE
stick to this topic it’s all I ask….
So,
Congress put forth a House Bill that I find quite disturbing… Here is the link
you can read the full text at:
I will be quoting portions of this
bill that are important to ALL of us…. This is why I said please do NOT take
the discussion to BEFORE immigration laws were written – this post is about
CURRENT topics and events….
Let me first say that I am not against
immigration at all. Immigration is what makes this country absolutely amazing.
We get the opportunity to learn about other cultures and languages and history
etc. Immigration makes us who we are.
What I am against is ILLEGAL
immigration. It endangers everyone involved. I have made other posts about THAT
but this post is to address this particular house bill, so I will try to keep
on topic myself!!!
With that said, let’s break down
this house bill in every day language and common sense!
TITLE I—END MANDATORY
DETENTION AND REQUIRE PROBABLE CAUSE FOR ARREST
(my added comments will be in () and a different
font)
(sO, SORRY ABOUT THE CAPS HERE, BUT LOOK AT THE TITLE OF THIS BILL.
OUR CURRENT LAWS MANDATE MANDANTORY DETENTION OF ANY ILLEGAL IMMIGRANT – THEY BROKE
A LAW AND AS WITH AN aMERICAN CITIZEN, THEY ARE THUS DETAINED AS PRESCRIBED BY
CURRENT LAWS)
SEC. 101. PHASE-OUT
OF PRIVATE FOR-PROFIT DETENTION FACILITIES AND USE OF JAILS. (Right now private
facilities house the majority of those detained, even in regular jails, they
are owned privately and operated privately. When an illegal immigrant is
arrested for a crime, an illegal who is already here – they are detained in a
regular jail in order to grant them due process, just like a citizen)
(a) Secure Detention Facilities.—Beginning on the date of the
enactment of this Act, the Secretary of Homeland Security may not enter into,
or extend, any contract with any public or private for-profit entity that owns
or operates a detention facility for use of that facility to detain aliens in
the custody of the Department of Homeland Security, and shall terminate any
such contract not later than the date that is 3 years after the date of the
enactment of this Act. Beginning on the date that is 3 years after the date of
the enactment of this Act, any facility at which aliens in the custody of the
Department of Homeland Security are detained shall be owned and operated by the
Department of Homeland Security.
(b) Non-Secure Detention Programs.—Beginning on the date of the
enactment of this Act, the Secretary of Homeland Security may not enter into,
or extend, any contract with any public or private for-profit entity that owns
or operates a program or facility that provides for non-residential
detention-related activities for aliens who are subject to monitoring by the
Department of Homeland Security, and shall terminate any such contact not later
than the date that is 3 years after the date of the enactment of this Act.
Beginning on the date that is 3 years after the date of the enactment of this
Act, any such program or facility shall be owned and operated by a nonprofit
organization or by the Department of Homeland Security.
(c) Publication Of Plan.—Not later than 60 days after the date of the
enactment of this Act, the Secretary shall develop, and make publicly
available, a plan and timeline for the implementation of this section.
(So, let’s address
this portion. If we phase out jails of ANY kind, precisely WHERE are we
supposed to detain ANYONE illegal immigrant or otherwise? This bill would
basically eliminate ALL jails and thus cause the release of some VERY dangerous
criminals.)
SEC.
102. PROCEDURES FOR DETAINING
ALIENS. (Notice the term “Illegal” has not
been used anywhere in this bill. The House wishes to make archaic principles
that existed BEFORE we wrote immigration laws apply. They also seek to make
illegal entry NO longer a crime.)
(a) Custody And Bond Determinations.—Section
236 of the Immigration and Nationality Act (8 U.S.C. 1226) is amended— (Look at what the
house Democrats wish to completely strike out and what they wish to amend as
well as what they wish to add to this)
(1) by striking subsections (a) through
(c) and inserting the following:
“(a) Arrest, Detention, And
Release.—
“(1) IN GENERAL.—On a warrant issued
by an immigration judge, or pursuant to section 287(a)(2), the Secretary of
Homeland Security may arrest an alien and, in accordance with this section,
may, pending a decision on whether the alien is to be removed from the United
States—
“(A) detain the alien; or
“(B) release the alien—
“(i) on bond;
“(ii) subject to conditions; or
“(iii) on the alien’s own
recognizance.
(This section above is no different than if an American
citizen has a warrant, it gives the illegal immigrant almost the exact same
rights as the citizen. This has been policy since we wrote the immigration laws
and I firmly believe they should remain. Granting an illegal immigrant rights
that an American citizen does NOT have is just wrong – the House wishes to
strike this entire portion out – meaning illegal immigrants will no longer be
arrested or detained EVER – regardless if they are very dangerous criminals.)
“(2) EXCEPTION.—This section shall
not apply to an unaccompanied alien child (as defined in section 462(g)(2) of
the Homeland Security Act of 2002 (6 U.S.C. 279(g)(2))). Such an alien shall be
transferred to the custody of the Secretary of Health and Human Services
pursuant to section 235(b)(3) of the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 (8 U.S.C. 1232(b)(3)).
(An unaccompanied minor – this portion is to be stricken.
So, what do they propose – keep reading)
“(b) Custody And Bond Determinations.—
“(1) INITIAL DETERMINATION.—Not later
than 48 hours after taking an alien into custody, the Secretary of Homeland
Security shall make an initial custody determination with regard to that alien,
and provide that determination in writing to the alien. If the Secretary
determines that the release without conditions of an alien will not reasonably
assure the appearance of the alien as required or will endanger the safety of any
other person or the community, the custody determination under this paragraph
will impose the least restrictive conditions, as described in paragraph (4).
(Similar to any arrest of a regular citizen, paperwork is
given and decision on a bond is made – Democrats want to remove this requirement
for illegal immigrants – but NOT for citizens)
“(2) TIMING.—If an alien seeks to
challenge the initial custody determination under paragraph (1), the alien
shall be provided with the opportunity for a hearing before an immigration
judge to determine whether the alien should be detained, which hearing shall
occur not later than 72 hours after the initial custody determination, except
that an immigration judge may grant a reasonable continuance upon the alien’s
request for additional time to prepare for the hearing.
(Once again, similar rights to a regular citizen. Democrats
wish to stroke this from illegal immigrants – but not for citizens)
“(3) PRESUMPTION OF RELEASE.—In a
hearing under this subsection, there shall be a rebuttable presumption that the
alien should be released. The Government shall have the duty of rebutting this
presumption by clear and convincing evidence based on credible and individualized
information that establishes that the use of alternatives to detention will not
reasonably assure the appearance of the alien at removal proceedings, or that
the alien is a threat to another person or the community. The fact that an
alien has a prior conviction or a criminal charge pending against the alien may
not be the sole factor to justify the continued detention of the alien.
(Ok, let’s break this one down in layman’s terms. According
to THIS it is presumed the illegal immigrant has committed no crime – not even
the law they broke to enter the country and therefore should be granted
automatic release. THIS is a right not even currently held by an American
citizen. YES presumed innocent until found guilty in a court of law – DUE PROCESS
– but this line item makes it so an illegal would hold more rights than a
citizen)
“(4) LEAST RESTRICTIVE CONDITIONS
REQUIRED.—If an immigration judge determines pursuant to a hearing under this
section that the release without conditions of an alien will not reasonably
assure the appearance of the alien as required or will endanger the safety of
any other person or the community, the immigration judge shall order the least
restrictive conditions, or combination of conditions, that the judge determines
will reasonably assure the appearance of the alien as required and the safety
of any other person and the community, which may include secured or unsecured
release on bond, or participation in a program described in subsection (i). Any
conditions assigned to an alien pursuant to this paragraph shall be reviewed by
the immigration judge on a monthly basis.
(Again, similar rights to a regular citizen, release with
the least restrictions. HOWEVER – they are NOT a citizen – they have broken a
law to come here – yet this grants them the right to move freely within the
country)
“(5) BOND DETERMINATION.—In the case
that an immigration judge makes a determination to release an alien on bond
under subsection (a)(1)(B)(i), the immigration judge shall consider, for
purposes of setting the amount of the bond, the alien’s financial resources and
ability to pay the bond without imposing financial hardship on the alien.
(Again, same as a citizen)
“(6) SPECIAL RULE FOR VULNERABLE
PERSONS AND PRIMARY CAREGIVERS.—In a case in which an alien who is the subject
of a custody determination under this subsection is a vulnerable person or a
primary caregiver, the alien may not be detained unless the Government shows,
in addition to the requirements under paragraph (3), that it is unreasonable or
not practicable to place the individual in a community-based supervision
program.
(This is a right NOT given to a citizen. If you break a law
then you are arrested. It’s simple. An American citizen – being a primary
caregiver, single parent etc – who breaks a law gets arrested and detained.
Their status as being the primary caregiver does NOT matter if they are being
arrested – so WHY is this right given to an illegal immigrant who is being
arrested for breaking a law to come here???)
“(7) DEFINITION.—In this subsection,
the term ‘vulnerable person’ means an individual who—
“(A) is under 21 years of age
or over 60 years of age;
“(B) is pregnant;
“(C) identifies as lesbian,
gay, bisexual, transgender, or intersex;
“(D) is victim or witness of a
crime;
“(E) has filed a nonfrivolous
civil rights claim in Federal or State court;
“(F) has a serious mental or
physical illness or disability;
(Not one of these applies to an American citizen – never has.
Pregnant women are in jail giving birth in jail daily. There are people over 60
in jail. I could go on, but hopefully YOU can see how unconstitutional this is
to American citizens and the laws we established to create this country)
“(G) has been determined by an
asylum officer in an interview conducted under section 235(b)(1)(B) to have a
credible fear of persecution or a reasonable fear of persecution under section
208.31 or 241.8(e) of title 8, Code of Federal Regulations (as in effect on the
date of the enactment of the New Way Forward Act);
“(H) has limited English
language proficiency and is not provided access to appropriate and meaningful
language services in a timely fashion; or
(So, they should not be detained because they cannot speak
English?)
“(I) has been determined by an
immigration judge or the Secretary of Homeland Security to be experiencing
severe trauma or to be a survivor of torture or gender-based violence, based on
information obtained during intake, from the alien’s attorney or legal service
provider, or through credible self-reporting.
(They should not be detained because they are survivor’s of
some type of abuse? This does not apply to American citizens…..)
“(c) Subsequent Determinations.—An alien who is
detained under this section shall be provided with a de novo custody
determination hearing under this subsection every 60 days, as well as upon
showing of a change in circumstances or good cause for a de novo custody
determination hearing.”; and
(2) by striking subsection (e) and
inserting the following:
“(e) Release Upon An Order Granting Relief From Removal.—In
the case of an alien with respect to whom an immigration judge has entered an
order terminating removal proceedings or an order providing for relief from
removal, including an order granting asylum, or providing for withholding,
deferral, or cancellation of removal, which order is pending appeal, the
Secretary of Homeland Security shall immediately release the alien upon entry
of the order, and may impose only reasonable conditions on the alien’s release
from custody.
(This paragraph is nothing more than double talk…. )
“(f) Alternatives To Detention.—
“(1) IN GENERAL.—The Secretary of
Homeland Security shall establish programs that provide alternatives to
detaining aliens, which shall offer a continuum of supervision mechanisms and
options, including community-based supervision programs and community support.
The Secretary may contract with nongovernmental community-based organizations
to provide programs, which may include case management services, appearance
assistance services, and screenings of aliens who have been detained.
(Democrats want ALL illegal immigrants released into
communities, where SOMEONE will supervise them at a state’s expense while the “process”
continues for their deportation hearings. It does not discriminate whether this
immigrant is a hardened criminal, whether they have been previously arrested
and deported – NO – this is a blanket application)
“(2) INDIVIDUALIZED DETERMINATION
REQUIRED.—In determining whether to order an alien to participate in a program
under this subsection, the Secretary, or the immigration judge, as appropriate
shall make an individualized determination to determine the appropriate level
of supervision for the alien. Participation in a program under this subsection
may not be ordered for an alien for whom it is determined that release on
reasonable bond or recognizance will reasonably assure the appearance of the
alien as required and the safety of any other person and the community.”.
(So, Democrats want to create programs for illegal immigrants
but NOT to help citizens who desperately need it. Illegal immigrants would get
services such as housing assistance, welfare, job search assistance, etc –
something Democrats will not even provide for our own citizens….. This should
piss people off…. We have CITIZENS who desperately need these services but
Democrats want to give them to illegal immigrants but not to citizens)
(b) Probable Cause Hearing.—Section 287(a) of
the Immigration and Nationality Act (8 U.S.C. 1357(a)) is amended by striking the
matter preceding paragraph (3) and inserting the following:
“(a) Any officer or employee of
the Department of Homeland Security authorized under regulations prescribed by
the Secretary of Homeland Security shall have power without warrant—
“(1) to interrogate any alien
or person believed to be an alien as to the person’s right to be or to remain
in the United States, provided that such interrogation is not based on the
person’s race, ethnicity, national origin, religion, sexual orientation, color,
spoken language, or English language proficiency; and
(Ok, an officer cannot question a person they believe to be
an illegal on THESE terms…. This is common sense and also basic rights of a citizen
– questioning an illegal immigrant is NOT discrimination based on ANY of the
above – it is based on how they got here etc)
“(2) to arrest any alien who in
the officer or employee’s presence or view is entering or attempting to enter
the United States in violation of any law or regulation made in pursuance of
law regulating the admission, exclusion, expulsion, or removal of aliens, or to
arrest any alien in the United States, if—
(So border patrol would now have to literally sit back and
WATCH as people just flow unchecked into the country)
“(A) the officer or employee
has probable cause to believe that the alien so arrested is in the United
States in violation of any such law or regulation and is likely to escape
before a warrant can be obtained for his arrest;
(Double talk here – the officer is supposed to somehow
magically KNOW if an illegal immigrant has prior warrants etc as they are
forced to WATCH them flow into the country without the ability to stop and
detain them)
“(B) the officer or employee
has reason to believe that the person would knowingly and willfully fail to
appear in immigration court in response to a properly served notice to appear;
and
“(C) not later than 48 hours
after being taken into custody, the arrested alien is provided with a hearing
before an immigration judge to determine whether there is probable cause as
required by this section, including probable cause to believe that the person
would have knowingly and willfully failed to appear as required under
subparagraph (B), which burden to establish probable cause shall be on the
Government.”.
(c) Mandatory Detention Repealed.—The
Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is amended—
(1) in section
235(b)(1)(B)(ii)—
(A) by striking “shall” and
inserting “may”; and
(B) by inserting before the
period at the end the following: “pursuant to the custody review procedures set
forth in section 236”;
(2) by striking section
235(b)(1)(B)(iii)(IV);
(3) in section 235(b)(2)(A)—
(A) by striking “shall” and
inserting “may”; and
(B) by inserting before the
period at the end the following: “pursuant to the custody review procedures set
forth in section 236”;
(4) by striking section 236A;
(5) in section 238(a)(2), by
striking “pursuant to section 236(c)”; and
(6) in section 506(a)(2)—
(A) by striking the paragraph
heading and inserting the following: “RELEASE
HEARING FOR ALIENS DETAINED”; and
(B) in subparagraph (A)—
(i) in the matter preceding clause
(i), by striking “lawfully admitted for permanent residence”;
(Very important!!!
This particular strike and change of wording would AUTOMATICALLY give an
illegal immigrant citizen status!!! It would basically eliminate this entire
bill with this single strike and wording change!!! This means that when a judge
releases an illegal immigrant they are AUTOMATICALLY given citizen status
regardless of the fact they have not been through the entire process! THIS
would occur at the first hearing to determine possible release on bond!! So,
what the Democrats have tried to do here is this – WHEN an illegal immigrant is
released on bond they AUTOMATICALLY become an American citizen…even if that
person has committed violent crimes for which they have been previously
deported.)
(ii) by striking clause (i);
and
(iii) by redesignating clauses
(ii) and (iii) as clauses (i) and (ii), respectively.
(d) Aliens Ordered Removed.—Section 241(a) of
the Immigration and Nationality Act (8 U.S.C. 1231(a)) is amended—
(1) in paragraph (1), by
striking “90 days” each place it appears and inserting “60 days”;
(2) by striking paragraph (2)
and inserting the following:
“(2) INITIAL CUSTODY REDETERMINATION
HEARING.—
“(A) IN GENERAL.—Not later than 72 hours
after the entry of a final administrative order of removal, the alien ordered
removed shall be provided with a custody redetermination hearing before an
immigration judge.
“(B) PRESUMPTION OF DETENTION.—For
purposes of the hearing under subparagraph (A), the alien shall be detained
during the removal period unless the alien can show, by a preponderance of the
evidence, that the alien’s removal is not reasonably foreseeable and that the
alien does not pose a risk to the safety of any individual or to the
community.”;
(This is a right not given to a citizen. If someone is to
be deported AND already detained – Democrats want them released for removal
some time in the undetermined future. This was Obama’s open door policy tried
and failed!!! Those who were released literally disappeared and are now being
rounded up by ICE agents)
(3) in paragraph (3)—
(A) in the paragraph heading,
by striking “90-DAY”
and inserting “60-DAY”;
and
(B) in the matter preceding
subparagraph (A), by striking “the alien, pending removal, shall be subject to
supervision under” and inserting the following: “except as provided in
paragraph (7), any alien who has been detained during the removal period shall
be released from custody, pending removal, subject to individualized
supervision requirements in accordance with”;
(Ok, this states
that ANY illegal immigrant awaiting deportation MUST be released until the
deportation is done. Think about this – do we release murderers who are on
death row UNTIL their execution date???? This right is not given to citizens
and is not even logical!!!)
(4) by striking paragraph (6);
and
(5) by striking paragraph (7)
and inserting the following:
“(7) SUBSEQUENT CUSTODY
REDETERMINATION HEARINGS.—
“(A) IN GENERAL.—The Government may
request a subsequent redetermination hearing before an immigration judge
seeking continued detention for an alien ordered to be detained pursuant to
paragraph (2) who has not been removed within the removal period.
(Again a right not given to a citizen, a nevereneding court
process that will never come to an agreement to remove the illegal immigrant OR
grant them permanent status – thus constantly costing taxpayer dollars)
“(B) STANDARD.—An alien may only be
detained after the removal period upon a showing by the Government that—
“(i) the alien’s removal is reasonably
foreseeable; and
“(ii) the alien poses a risk to
the safety of an individual or the community, which may only be established
based on credible and individualized information that establishes objective
risk factors, and may not be established based only on the fact that the alien
has been charged with or is suspected of a crime.
“(C) PERIOD OF DETENTION.—An alien
may not be detained pursuant to an order under this paragraph for longer than a
60-day period. The Government may seek subsequent redetermination hearings
under this paragraph in order to continue detaining an alien beyond each such
60-day period.”.
(Again,
another right NOT given to American citizens. This would release any illegal
immigrant that has been detained for longer than 60 days – regardless of what
crime they have committed.)
TITLE II—STATUTE OF
LIMITATIONS
SEC. 201. TIME FOR
COMMENCING REMOVAL PROCEEDINGS.
Section 239(d) of the Immigration and Nationality Act (8 U.S.C. 1229(d)) is amended by adding at the
end the following:
“(3) (A) Notwithstanding paragraph (2), any removal
proceeding against an alien previously admitted to the United States for being
within a class of deportable aliens described in section 237(a)(2), or within a
class of inadmissible aliens described in section 212(a)(2), shall not be
entertained unless commenced not later than the date that is five years after
the date on which the alien became deportable or inadmissible.
“(B) This paragraph shall apply to any removal proceeding
resulting in an order of removal before the date of the enactment of the New
Way Forward Act as if in effect on the date on which the removal proceeding was
commenced.”.
(VERY important and much double talk here – this would
mean that after 5 years the illegal immigrant will automatically become
permanent – regardless of what crimes they have committed and been charged with
while the neverending court process is a circus without any resolution – this means
that the ABOVE issue will tie them up in court for many years and THIS
paragraph means that after 5 years they become a permanent resident DURING the
unresolved court process AND that it applies to ALL currently detained)
TITLE
III—LIMIT CRIMINAL-SYSTEM-TO-REMOVAL
PIPELINE
(This would in affect STOP deportation of any criminal illegal
immigrant – meaning they can kill someone and not get deported – keep reading)
SEC.
301. CRIMINAL OFFENSES AND
IMMIGRATION LAWS.
(a)
Inadmissibility Based On Criminal And Related Grounds.—Section 212(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(2)) is amended—
(An
illegal immigrant could not be deported due to prior convictions, felonies or
otherwise – regardless of what that crime was or if they have been previously
deported)
(1)
by striking subparagraph (A); and
(2)
by redesignating subparagraphs (B) through (I) as subparagraphs (A) through
(H), respectively.
(b) Deportability Based On
Criminal Offenses.—Section 237(a)(2) of the Immigration and Nationality
Act (8 U.S.C. 1227(a)(2)) is amended—
(1)
in subparagraph (A)—
(A)
by striking clauses (i) and (ii);
(B)
by redesignating clauses (iii) through (vi) as clauses (i) through (iv),
respectively; and
(C)
in clause (iv), as so redesignated, by striking “Clauses (i), (ii), and (iii)”
and inserting “Clauses (i) and (ii)”;
(2)
by striking subparagraph (B); and
(3)
by redesignating subparagraphs (C) through (F) as subparagraphs (B) through
(E), respectively.
SEC.
302. DEFINITIONS.
(a) Aggravated Felony.—Section
101(a)(43) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(43)) is amended—
(1)
in the matter preceding subparagraph (A), by striking “means—” and inserting
“means a felony, for which a term of imprisonment of not less than 5 years was
imposed, that is—”;
(2)
in subparagraph (F), by striking “for which the term of imprisonment at least
one year”;
(3)
in subparagraph (G), by striking “for which” and all that follows through
“year”;
(4)
in subparagraph (J), by striking “, for which a sentence of one year
imprisonment or more may be imposed”;
(5)
in subparagraph (P)—
(A)
by striking “(i)”; and
(B)
by striking “and (ii) for which the term of imprisonment imposed (regardless of
any suspension of such imprisonment) is at least 12 months”;
(6)
in subparagraph (R), by striking “for which the term of imprisonment is at
least one year”;
(7)
in subparagraph (S), by striking “, for which the term of imprisonment is at
least one year”; and
(8)
by striking the last sentence.
(b) Conviction.—Section
101(a)(48) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(48)) is amended—
(1)
in subparagraph (A), by striking “court” and all that follows through “to be
imposed.” and inserting the following: “court. An adjudication or judgment of
guilt that has been dismissed, expunged, sealed, deferred, annulled,
invalidated, withheld, or vacated, or where a court has issued a judicial
recommendation against removal, or an order of probation without entry of
judgment or any similar disposition, shall not be considered a conviction for
purposes of this Act. No judgment on appeal or within the time to file direct
appeal shall be deemed a ‘conviction’ for the purposes of this Act.”; and
(So, an illegal
immigrant who is on probation or parole is exempt from being deported for
criminal behavior – this is a right not given to citizens – a citizen has to
adhere to the rule of law and now we are striking that rule when it applies to
illegal immigrants)
(2)
in subparagraph (B)—
(A)
by inserting “only” after “deemed to include”; and
(B)
by striking “or confinement” and all that follows through the period at the end
and inserting “ordered by a court of law. Any such reference shall not be
deemed to include any suspension of the imposition or execution of that
imprisonment or sentence in whole or in part.”.
(c) Particularly Serious Crime.—Section
208(b)(2)(B)(i) of the Immigration and Nationality Act (8 U.S.C. 1158)(b)(2)(B)(i)) is amended to read
as follows:
“(i) CONVICTION OF AGGRAVATED FELONY.—For
purposes of clause (ii) of subparagraph (A), section 241(b)(3)(B), or any other
provision of this Act, only an alien who has been convicted of an aggravated
felony for which a term of imprisonment of not less than five years was imposed
shall be considered to have been convicted of a particularly serious crime.”.
(d) Applicability.—The amendments
made by this section shall apply to—
(1)
admissions and conduct occurring before, on, or after the date of the enactment
of this Act; and
(2) convictions and sentences entered before, on, or after the
date of the enactment of this Act.
(This means any prior
acts shall not be considered as reason for deportation – even violent felonies,
previous deportations etc)
TITLE IV—RESTORE JUDICIAL
DISCRETION AND END REMOVAL WITHOUT DUE PROCESS
(Since the above paragraphs aim to keep
things tied up in court indefinitely AND then grant permanent status after 5
years – this portion is just jargon to look pretty)
SEC. 401. IMMIGRATION
PROCEDURAL CHANGES.
(a) Decision And Burden Of Proof.—Section 240(c)(1)(A) of the
Immigration and Nationality Act (8 U.S.C. 1229(c)(1)(A)) is amended by
inserting after the period at the end the following: “Notwithstanding any other
provision of law, an immigration judge may grant any relief or deferral from
removal, including withholding of removal, to any individual who is otherwise
eligible for such relief but for a prior criminal conviction, or the commission
of or a finding of the commission of other conduct described in section
212(a)(2), 237(a)(2), or 237(a)(3), if the immigration judge finds such an
exercise of discretion appropriate in pursuit of humanitarian purposes, to
assure family unity, or when it is otherwise in the public interest.”.
(b) Removal Of Aliens Who Are Not Permanent Residents.—Section 238 of
the Immigration and Nationality Act (8 U.S.C. 1228) is amended—
(1) by striking subsection (b); and
(2) by redesignating the first subsection (c) as subsection (b).
(c) Reinstatement Of Removal Orders Against Aliens Illegally Reentering.—Section
241(a) of the Immigration and Nationality Act (8 U.S.C. 1231(a)) is amended—
(1) by striking paragraph (5); and
(2) by redesignating paragraphs (6) and (7) as paragraphs (5)
and (6), respectively.
(d) Special Rules Relating To Continuous Residence Or Physical Presence.—Section
240A(d) of the Immigration and Nationality Act (8 U.S.C.1229b(d)) is amended—
(All 3 of these give illegal immigrants rights not given
to a citizen AND even ones who keep coming back – and “claim” a residence here –
they are now ALL exempt from being deported)
(1) by striking paragraph (1);
(2) by redesignating paragraphs (2) and (3) as paragraphs (1)
and (2), respectively.
(e) Judicial Review Of Orders Of Removal.—Section 242 of the
Immigration and Nationality Act (8 U.S.C. 1252) is amended by striking
subsection (a)(2)(C).
TITLE
V—PROHIBITION AGAINST PERFORMANCE OF
IMMIGRATION OFFICER FUNCTIONS BY STATE AND LOCAL OFFICERS AND EMPLOYEES
(So, if Taxas catches an illegal immigrant crossing the border then
Texas has no authority to do shit – just an example here!!)
SEC.
501. LOCAL ENFORCEMENT.
(a) In General.—Section
287(g) of the Immigration and Nationality Act (8 U.S.C.1357(g)) is amended to
read as follows:
“(g) (1)
The officers and employees of any State, or any political subdivision of a State,
are prohibited from performing the function of an immigration officer in
relation to the investigation, apprehension, transport, or detention of aliens
in the United States or otherwise assist in the performance of such functions.
(States can no longer
detain an illegal immigrant until a federal officer can arrive – thus making
crossing the border illegal basically an open door and a flood gate that local
law enforcement has no authority to stop – even on private property!!!)
“(2)
Civil immigration warrants shall not be made available to the officers or
employees of any State, or any political subdivision of a State, through the
National Crime Information Center database or its incorporated criminal history
databases. Federal, State, and local law enforcement officials are prohibited
from entering into the National Crime Information Center database or its
incorporated criminal history databases information that relates to an alien’s
immigration status, the existence of a prior removal, deportation, or voluntary
departure order entered against an alien, or any allegations of civil
violations of the immigration laws. Any information described in this paragraph
that is in the National Crime Information Center database shall be removed from
such database not later than 90 days after the enactment of the New Way Forward
Act”..”.
(So, a warrant for an illegal immigrant shall NOT be
provided to local law enforcement at all, ever!!! This is a right citizens do
not even have!!! This endangers the general public by allowing potential dangerous illegal immigrants free
access to our country and citizens)
(b) Prohibiting Coordination
For Enforcement Of Immigration Laws.—
(1) PROHIBITING
STATE AND LOCAL LAW ENFORCEMENT ARREST AND DETENTION OF ALIENS.—Section 439 of
the Antiterrorism and Effective Death Penalty Act of 1996 (8 U.S.C. 1252c) is repealed.
(Now with this line item – the feds CANNOT communicate
and coordinate with local law enforcement on illegal immigrants)
(2) COMMUNICATION.—Section 434 of the
Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1644) is repealed.
(c) Communication And
Enforcement.—Section 642 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1373) is repealed.
(This would remove ALL immigration laws we set into place
and rewrite them with his document – please look up CURRENT immigration laws
and SEE why Democrats are seeking to repeal them – Democrats do NOT have the
American citizen’s best interests in mind as they try to shove this bill through!!!)
SEC.
502. NATIONAL CRIME INFORMATION
CENTER.
Section
534(f) of title 28, United States Code, is amended—
(1)
by redesignating paragraph (3) as paragraph (4); and
(2)
by inserting after paragraph (2) the following:
“(3) Civil immigration warrants shall not be made available to
the officers or employees of any State, or any political subdivision of a
State, through the National Crime Information Center database or its
incorporated criminal history databases. Federal, State, and local law
enforcement officials are prohibited from entering into the National Crime
Information Center database or its incorporated criminal history databases
information that relates to an alien’s immigration status, the existence of a
prior removal, deportation, or voluntary departure order entered against an
alien, or any allegations of civil violations of the immigration laws. Any
information described in this paragraph that is in the National Crime
Information Center database shall be removed from such database not later than
90 days after the enactment of the New Way Forward Act”..”.
(Very important here! Warrants of arrest are NOT shared
on local law enforcement databases – EVER for illegal immigrants AND will be
removed from ANY database after 90 days!!! Again yet another right not given to
American citizens!!!)
TITLE VI—DECRIMINALIZE
MIGRATION
SEC. 601. REPEALING
MIGRATION CRIMINAL LAWS.
(a) Criminal Penalties For Entry At Improper Time Or Place.—Section
275 of the Immigration and Nationality Act (8 U.S.C. 1325) is repealed.
(b) Criminal Penalties For Reentry.—Section 276 of the Immigration
and Nationality Act (8 U.S.C. 1326) is repealed.
(VERY IMPORTANT –
THIS LINE ITEM MAKES ILLEGAL IMMIGRATION – LEGAL – YES LEGAL – THUS CANCELLING
OUT EVERYTHING ABOVE IT)
TITLE VII—RIGHT TO COME
HOME
(VERY IMPORTANT – THIS PORTION GRANTS
THOSE WHO HAVE BEEN PREVIOUSLY DEPORTED THE RIGHT TO COME BACK)
SEC. 701. RECONSIDERING
AND REOPENING IMMIGRATION CASES.
(a) In General.—Notwithstanding any other provision of law, the
Attorney General—
(1) shall grant a motion to reconsider or reopen proceedings
pursuant to paragraph (6) or (7) of section 240(c) of the Immigration and
Nationality Act (8 U.S.C. 1229a(c)) with respect to any alien
who—
(A) on or after April 24, 1996—
(i) was ordered removed, deported, or excluded; or
(ii) departed the United States pursuant to a grant of voluntary
departure under section 240B of the Immigration and Nationality Act (8 U.S.C. 1229c) (regardless of whether or not
the alien was ordered removed, deported, or excluded); and
(B) demonstrates that the alien—
(i) would not have been considered inadmissible, excludable, or
deportable under the immigration laws (as defined in section 101(a)(17) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(17))) if this Act, and the
amendments made by this Act, had been in effect on the date on which such order
was issued or the voluntary departure took place; or
(ii) would have been eligible to apply for relief from removal,
deportation, or exclusion under such laws if this Act, and the amendments made
by this Act, had been in effect on the date on which such order was issued or
the voluntary departure took place; and
(2) shall deem an alien who makes the demonstration under
paragraph (1)(B) as not having been removed, deported, excluded, or departed,
and as not having failed to depart under a voluntary departure order, for all
purposes under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
(b) Previously Filed Application; Previous Motions To Reopen Or Reconsider.—The
Attorney General may not reject or deny a motion to reconsider or reopen under
subsection (a) because—
(1) the alien did not include a copy of any previously filed
application for relief; or
(2) the alien had previously filed a motion to reopen or
reconsider.
(c) Deadline.—The deadline described in paragraphs (6)(B) and
(7)(C)(i) of section 240(c) of the Immigrations and Nationality Act (8 U.S.C. 1229a(c)) shall not apply to a motion
to reopen or reconsider under this section.
(d) Transportation.—The Secretary of Homeland Security shall provide
transportation for aliens eligible for reopening or reconsideration of their
proceedings under this section, at Government expense, to return to the United
States for further immigration proceedings and shall admit or parole the alien
into the United States.
(e) Physical Presence Requirement.—For the purpose of applications
filed subsequent to reopening under this section pursuant to section 240A of
the Immigration and Nationality Act (8 U.S.C. 1229b), or any other application for
relief under the immigration laws (as defined in section 101(a)(17) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(17))), removal, deportation,
exclusion, or voluntary departure shall not be considered to toll any physical
presence requirement.
(f) Judicial Review.—Notwithstanding any other provision of the
Immigration and National Act (8 U.S.C. 1101 et seq.), any denial of a
motion to reopen or reconsider submitted pursuant to this section is subject to
de novo judicial review in a Federal district court having jurisdiction over
the applicant’s residence or, in the case of an applicant who was removed from
the United States, the last known residential address of the applicant in the
United States
OH MY FUCKING GOD REALLY????
DEMOCRATS THINK YOU ARE JUST THAT STUPID YA KNOW – TO ALLOW THEM
TO PASS THIS SHIT
Where are YOUR rights even considered in this bill???
You have a right to safety in your home, community etc…. This
bill turns criminals out onto the streets for God’s sake! Illegal immigrants who
have murdered someone would be released into communities!!! Illegal immigrants
who have raped, trafficked in drugs, sex trafficked ALL OF IT – would be
released into YOUR communities!!!!
The Democrats wrote this bill – the Democrats WANT this bill –
the Democrats do not give a rats ass about the American citizen’s rights!!!
This is clear evidence the Democrats do not care about
citizens!!!
They must be stopped!!!
WE THE PEOPLE have the right to defend ourselves from a corrupt
government – that time is NOW – patriots arise and stop this insanity!!!
#breakthewheel
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