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TopicPolitics Containment Topic 248: a Perfect impeachment hearing
xp1337
11/19/19 10:03:08 AM
#430:


idk is the supreme court of the united states a good enough source?

Arizona v United States says...
Congress has specified which aliens may be removed from the United States and the procedures for doing so. Aliens may be removed if they were inadmissible at the time of entry, have been convicted of certain crimes, or meet other criteria set by federal law. See 1227. Removal is a civil, not criminal, matter. A principal feature of the removal system is the broad discretion exercised by immigration officials. See Brief for Former Commissioners of the United States Immigration and Naturalization Service as Amici Curiae 813 (hereinafter Brief for Former INS Commissioners). Federal officials, as an initial matter, must decide whether it makes sense to pursue removal at all. If removal proceedings commence, aliens may seek asylum and other discretionary relief allowing them to remain in the country or at least to leave without formal removal. See 1229a(c)(4); see also, e.g., 1158 (asylum), 1229b (cancellation of removal), 1229c (voluntary departure).

Discretion in the enforcement of immigration law embraces immediate human concerns. Unauthorized workers trying to support their families, for example, likely pose less danger than alien smugglers or aliens who commit a serious crime. The equities of an individual case may turn on many factors, including whether the alien has children born in the United States, long ties to the community, or a record of distinguished military service. Some discretionary decisions involve policy choices that bear on this Nation's international relations. Returning an alien to his own country may be deemed inappropriate even where he has committed a removable offense or fails to meet the criteria for admission. The foreign state may be mired in civil war, complicit in political persecution, or enduring conditions that create a real risk that the alien or his family will be harmed upon return. The dynamic nature of relations with other countries requires the Executive Branch to ensure that enforcement policies are consistent with this Nation's foreign policy with respect to these and other realities.


emphases mine

The Supreme Court of the United States recognizes that the Executive has the ability to apply prosecutorial discretion with regard to immigration. Obama elected to use that discretion to focus on immigrants that the administration deemed higher priority (felons, etc.) Trump decided to rescind that discretion and went further in ordering DoJ to prosecute all cases. He did not have to do that. That's why it was a policy change. No one is saying he passed a law. It was a policy.
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xp1337: Don't you wish there was a spell-checker that told you when you a word out?
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