After months of bickering Congress remains completely unable to agree on any legislation on border security or aid to Israel and Ukraine — all priorities that a majority of lawmakers agree are needed.

  • IHeartBadCode@kbin.social
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    11 months ago

    I don’t think you’ve read the relevant text. 8 U.S.C. 1221 is amended as such, with reguards to Section 240

    The asylum officer or immigration officer may refer or place an alien into removal proceedings under section 240 by issuing a notice to appear for the purpose of initiating such proceedings if either such officer determines that

    (i) such proceedings are required in order to permit the alien to seek an immigration benefit for which the alien is legally entitled to apply

    The bypassing puts them on a default to expel path if expedited determination fails. That is their petition is by default invalid until proven valid, which is the opposite of the courts’ standing. This is borderline a violation of due process really.

    You’re right in that they can bypass the courts with this, but it’s hardly “give everyone asylum”. It is in fact quite the opposite, deny everyone asylum without due process in the courts to make a case.