Title: Customs agents ignore judge, enforce Trump’s travel ban: ACLU

The title is all screwed up. Customs officials are not Immigration officials.

The ACLU is getting “multiple reports” that federal customs agents are siding with President Trump — and willfully ignoring a Brooklyn federal judge’s demand that travelers from seven Muslim countries not be deported from the nation’s airports.

This author has her head up her ass. Customs has nothing to do with it.

Also, deportation has nothing to do with the stay order.

A person cannot be deported if he has not entered the U.S. The stay order refers to "removal" which applies to persons in the neutral zone at the port of entry who are denied admission.

On that issue, the power of the President is essentially plenary — it is a matter of presidential discretion as supported by codified law 8 U.S.C. § 1182(f), the Immigration and Naturalization Act of 1952, and the U.S. Supreme Court in Fong Yue Ting v United States, 149 US 698 (1893).

http://law.justia.com/codes/us/2013/title-8/chapter-12/subchapter-ii/part-ii/section-1182/

Inadmissible aliens - 8 U.S.C. § 1182 (2013)

8 U.S.C. § 1182(f) (2013)

(f) Suspension of entry or imposition of restrictions by President

Whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate. Whenever the Attorney General finds that a commercial airline has failed to comply with regulations of the Attorney General relating to requirements of airlines for the detection of fraudulent documents used by passengers traveling to the United States (including the training of personnel in such detection), the Attorney General may suspend the entry of some or all aliens transported to the United States by such airline.

http://www.bu.edu/lawlibrary/PDFs/research/portals/66stat163.pdf

Immigration and Naturalization Act of 1952, Section 212(e), 66 Stat. 163, 188 (1952), P.L. 414

Suspension of entry by President

Whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate.

https://supreme.justia.com/cases/federal/us/149/698/

Fong Yue Ting v United States, 149 US 698 (1893)

Syllabus

The right to exclude or to expel aliens, or any class of aliens, absolutely or upon certain conditions, in war or in peace, is an inherent and inalienable right of every sovereign nation.

MR. JUSTICE GRAY, after stating the facts, delivered the opinion of the Court.

It is an accepted maxim of international law that every sovereign nation has the power, as inherent in sovereignty, and essential to self-preservation, to forbid the entrance of foreigners within its dominions, or to admit them only in such cases and upon such conditions as it may see fit to prescribe.

[...]

This author has her head up her ass.

Possibly.

But since you seem to know, in the 'multiple reports' the aclu referenced, what federal bureaucrats or agencies were involved?

But since you seem to know, in the 'multiple reports' the aclu referenced, what federal bureaucrats or agencies were involved?

I believe it is the most likely the author’s confusing of customs and immigration. There is no quote from the ACLU to know precisely what was said.

Primarily involved is the Department of Homeland Security (DHS).

The prior Immigration and Naturalization Service (INS) ceased to exist under that name following the post 9/11 reorganization with the formation of DHS. INS had been under the State department.

Customs had been under Treasury.

Border Patrol started under Labor, but moved to Justice during WW2.

Now there are, under DHS:

• U.S. Citizenship and Immigration Services (USCIS)

• U.S. Immigration and Customs Enforcement (ICE)

• U.S. Customs and Border Protection (CBP)

Initially the USCIS was called the Bureau of Citizenship and Immigration Services (BCIS), but the name was changed in 2004.

The Animal and Plant Health Inspection Service (APHIS) is under Agriculture.

Customs looks for contraband (or prohibited items such as fresh fruit, vegetables, or red meat) or dutiable items. Customs inspectors have nothing whatever to do with passports, visas, or admission determinations.

INS Agents are involved with passports, visas, admissions, and the like.

APHIS may perform an inspection if, for one example, you are shipping your household goods from overseas back to the States. They may look for prohibited plants or insect infestation.

My first hand experience pre-dates the reorganization.

I fail to see how the Customs part of ICE or CBP would have any involvement.

This would involve USCIS, the Immigration part of ICE, and the Border Protection part of CBP.