
Hundreds of protesters gather outside JFK Airport.
The ACLU is getting multiple reports that federal customs agents are siding with President Trump and willfully ignoring a Brooklyn federal judges demand that travelers from seven Muslim countries not be deported from the nations airports.
The courts order could not be clearer they need to comply with the order, Omar Jadwat, director of the ACLUs Immigrants Rights project, told The Post late Saturday.
Its enough to be a serious concern, Jadwat said of the reports.
Jadwat and other ACLU lawyers had earlier Saturday night won an emergency stay of Trumps deportation order from Brooklyn Federal Judge Ann Donnelly.
#1: nolu chan To: cranky (#0)
The title is all screwed up. Customs officials are not Immigration officials.
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)
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
https://supreme.justia.com/cases/federal/us/149/698/
nolu chan posted on 2017-01-29 12:08:45 Reply Private Reply
#2: cranky To: nolu chan (#1)
Possibly.
But since you seem to know, in the 'multiple reports' the aclu referenced, what federal bureaucrats or agencies were involved?
cranky posted on 2017-01-30 10:24:03 Reply Private Reply
#3: nolu chan To: cranky (#2)
I believe it is the most likely the authors 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:
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.
nolu chan posted on 2017-01-30 17:30:57 Reply Private Reply