• dhork@lemmy.world
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    20 hours ago

    There is an important and subtle distinction to be made here. A lot of noise is made calling people who are here without authorization “illegals”, but that’s not always true. Being present in the country without authorization is not automatically a criminal matter. It is true that many of the avenues for being here without authorization (crossing illegally, overstaying a visa) also violate the law, but that is handled as a separate matter.

    Since immigration status is mostly a civil matter, ot a criminal one, these immigration courts are not under the Judicial Branch, like criminal courts are. They are actually “administrative courts” which are part of the Department of Justice, under the President, just like ICE is.

    So while the courts occasionally provide a check on this Predident’s power, the immigration courts never will. They ultimately report to the President through the DoJ, and the President has much more direct influence over it. So it doesn’t surprise me that these people are stuck in a Kafkaesque hell, where ICE ignore their pleas that they are citizens and says “tell it to the judge”, and when they finally get to the judge they get ignored.

    Is it any wonder that Trump was so dead set against the immigration bill last year? He needed the process to stay chaotic, in order to have a better chance of winning.

    • Vandals_handle@lemmy.world
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      19 hours ago

      Republican leadership has been calling non-citizens here legally under temporary protected status illegals as well. Same holds true for other asylum seekers that followed the legal process. Facts and laws that stand in opposition to their goals are ignored by the republicans in charge and their supporters.