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Search Results for: court

Nine Republican states have filed in federal court to shut down the illegal DACA program – GA not participating #BrianKemp #ChrisCarr

February 19, 2023 By D.A. King

GA Gov Brian Kemp (R), GA AG Chris Carr.
Photo: The GA. Virtue

 

Texas Attorney General Ken Paxton on filed a new motion in the Fifth U.S. Circuit Court late last month asking the court to rule the latest version of Deferred Action for Childhood Arrivals unconstitutional and to end it all together. Eight other Republican controlled state joined the effort.

Georgia is not listed on the lawsuit.

The states that joined Texas’ bid to terminate DACA were Alabama, Arkansas, Louisiana, Nebraska, South Carolina, West Virginia, Kansas and Mississippi. They have argued that DACA is an illegal overreach of executive power, and that only Congress has the authority to grant unauthorized immigrants federal benefits

DACA has repeatedly been ruled illegal but allowed it to remain in place for existing DACA recipients.  

According to a 2019 11th circuit appellate court decision, DACA does not change the illegal status of recipients except to delay deportation proceedings. Both sides of the debate expect the DACA program to be euthanized altogether by the Supreme Court after another loss for supporters in an October 5, 2022, the Fifth Circuit Court of Appeals finding. The court upheld an earlier ruling in Texas that DACA is not a lawful program. 

  • Related: Twenty GOP states are challenging Biden’s illegal border parole hustle in a Texas federal court – GA is not one of them
  • Related: GOP-Led States Ask SCOTUS to Restore Prohibition on Encouraging Illegal Immigration – GA Stands Back, Again

Gov Kemp’s office phone number at the state Capitol is 404-656-1776.

 

Filed Under: Recent Posts

Twenty GOP states are challenging Biden’s illegal border parole hustle in a Texas federal court – GA is not one of them #BrianKemp #ChrisCarr

February 18, 2023 By D.A. King

Left: GA AG Chris Carr, Gov Brian Kemp.

 

Biden’s new “border plan” is not reducing the number of illegal aliens detained at the border; it is concealing the number of illegal aliens released into the country through a “parole” scam.

Twenty GOP states are challenging Biden’s illegal parole hustle in a Texas federal court.

Georgia is not one of them. As usual, we have media silence.

Read more about the parole program here.

  • Related: GOP-Led States Ask SCOTUS to Restore Prohibition on Encouraging Illegal Immigration – GA Stands Back Again
  • Related: Nine Republican states have filed in federal court to shut down the illegal DACA program – GA not participating 

 

 

 

Filed Under: Recent Posts

Biden Released 756K Border Crossers, Population Larger than Boston, into American Communities Since Taking Office: Court brief

April 18, 2022 By D.A. King

Getty Images.

Biden officials admit they expect up to half a million border crossers and illegal aliens — the equivalent of Atlanta, Georgia’s, resident population — to arrive at the border every month.

Breitbart News

John Binder

16 April 2022

President Joe Biden’s administration has released more than 750,000 border crossers and illegal aliens, a foreign population larger than the population of Boston, Massachusetts, into the United States since taking office in January 2021, a court brief confirms.

The brief, dated April 14 and filed in the Supreme Court by Stephen Miller’s America First Legal Foundation, details the extent to which Biden’s Department of Homeland Security (DHS) has put its Catch and Release network into overdrive in just a little over 12 months.

Specifically, DHS has released more than 756,109 border crossers and illegal aliens into American communities from January 21, 2021, to February 28, 2022, the brief states. This is larger than the resident population of Boston, about equal to the size of Denver, Colorado, and larger than the population of Detroit, Michigan.

Releases by month are as follows:

America First Legal Foundation

America First Legal Foundation

Broken down by agency, Customs and Border Protection (CBP) released nearly 545,000 border crossers and illegal aliens while the Immigration and Customs Enforcement (ICE) released close to 212,000 border crossers and illegal aliens.

At the current rate of deportations, which have been gutted by Biden’s so-called “sanctuary country” orders, it would take ICE agents 14.5 years to deport the border crossers and illegal aliens released into the U.S. interior by Biden’s DHS.

That 756,109 total does not include the 500,000 illegal aliens who successfully crossed the U.S.-Mexico border in 2021 without being apprehended, nor the nearly 123,000Unaccompanied Alien Children (UACs) that have been resettled across the U.S. since the beginning of Fiscal Year 2021.

Altogether, the Biden administration is likely to have welcomed nearly 1.4 million border crossers and illegal aliens into American communities since January 2021.

The figure comes as Biden plans to end the Title 42 border control authority first imposed by former President Trump in 2020. The authority has successfully prevented waves of illegal immigration in the name of public health.

Biden officials admit they expect up to half a million border crossers… more here.

Filed Under: Recent Posts Achrives

Public Charge: Supreme Court says yes to Trump policy to deny immigrants who use welfare

January 28, 2020 By D.A. King

Photo: Washington Times

 

January 27, 2020 from the WASHINGTON TIMES. Steven Dinan reporting

The Supreme Court ruled Monday that the Trump administration can move ahead with its “public charge” regulation that could block immigrants who wind up on the public dole from earning a pathway to citizenship.

It marks another significant victory for President Trump, giving him a tentative go-ahead on one of his key policies aimed at putting Americans’ needs first in the immigration system.

The 5-4 decision stays a lower court injunction, allowing U.S. Citizenship and Immigration Services to move ahead with examining would-be immigrants’ history of access to public programs such as food stamps, many forms of Medicaid, public housing assistance, welfare cash payments and Supplemental Security Income benefits. Read the rest here.

Filed Under: Recent Posts Achrives

Fast Fact: Appellate Court: Not lawfully present, illegal aliens with DACA are illegal aliens – Georgia issuing public benefits based on disputed status

March 8, 2019 By D.A. King

 

Image: Istockphoto.com

Ruling likely will lead to additional legal action on public benefits

DACA recipients are “inadmissible and thus removable” under federal law.

Illegal aliens who have been awarded deferred action on deportation proceedings through the DACA amnesty by both the Obama and Trump administrations are illegal aliens and do not have “lawful presence” says the 11th Circuit Court of Appeals. The decision was handed down March 6, 2019.

The ruling was in response to a suit brought by several illegal aliens in Georgia who are challenging the Board of Regents policy that requires lawful presence for instate tuition purposes and admittance to some USG universities.

According to the U.S. Department of Homeland Security Georgia is home to more illegal aliens than is Arizona. Statistics from the Washington DC – based Migration Policy Institute highlighted by the Georgia Budget and Policy Institute indicate that Georgia has more illegal aliens than green card holders.

Image: GBPI.org

A group of DACA recipients sued the leaders of the Georgia higher education system in 2016, which bars aliens who are not “lawfully present” from enrolling in some Georgia colleges and universities, even if they would academically qualify for admission. “The students argued that they were lawfully present under federal law, which preempted  state law. They also claimed that the admissions bar violated their right to equal protection, as Georgia treats aliens who are paroled into the U.S. or granted asylum as “lawfully present,” reported the Immigration Reform Law Institute.

The Eleventh Circuit rejected all of the students’ claims. The court noted that  “lawfully present” is not a standalone immigration classification, and it is not defined anywhere in the (Immigration and Nationality) Act” *(opinion here).

The ruling is consistent with an official October 2017 statement to this writer from the United States Citizenship and Immigration Services (USCIS) that “current law does not grant any legal status for the class of individuals who are current recipients of DACA. Recipients of DACA are currently unlawfully present in the U.S. with their removal deferred.”

Decision may lead to additional legal action on access to public benefits

The court’s decision likely portends more legal action. Georgia’s public benefits law, OCGA 50-36-1, requires “lawful presence” for non-citizens to access a host of public benefits, including drivers licenses, official ID Cards, health benefits, food stamps, insurance licenses and unemployment benefits. While it goes largely unreported by the Georgia media, various official agencies have been quietly issuing these benefits to DACA recipients since 2012 based on the applicant’s oath on affidavits that they are a “qualified alien.”

The monetary cost to Georgia taxpayers for benefits to the illegal aliens with deferred action on deportation, both in and outside of DACA is unknown.

Updated, 4:50PM March 8, 2019. Updated July 26, 2020 with addition of link to affidavit. Updated July 30, 2020 with link to “qualified alien.”

Filed Under: Fast Facts

Skipping Court: U.S. Immigration Courts & Aliens Who Disappear Before Trial

January 25, 2019 By D.A. King

Image: CIS.org

CIS.org

By Mark Metcalf on January 24, 2019

Download a PDF of this Backgrounder.


Mark H. Metcalf formerly served in appointed positions at the Justice and Defense Departments in the administration of George W. Bush. He served as a judge on the Miami Immigration Court from 2005 to 2008. He is a Kentucky prosecutor and a veteran of Iraq.

Skipping Court

U.S. Immigration Courts & Aliens Who Disappear Before Trial

Key Takeaways

  • 43 percent of all aliens free pending trial failed to appear for court in 2017.
  • Since 1996, 37 percent of all aliens free before trial disappeared from court.
  • Aliens abscond from court more often today than they did before 9/11.
  • Deportation orders for failing to appear in court exceed deportation orders from cases that were tried by 306 percent.
  • 46 percent of all unaccompanied children disappeared from U.S. immigration courts from 2013 through 2017.
  • 49 percent of unaccompanied children failed to appear in U.S. immigration courts in 2017.

Introduction

U.S. immigration courts recently released their numbers to Congress for fiscal year 2017. Hoped-for improvements are largely absent and problems that have defined the courts since their beginning persist. Most persistent of all is the failure of aliens to appear for their trials. These no-shows remain high, with 43 percent of all those free before trial — 41,302 aliens out of 95,342 — disappearing from court in 2017.1 More to the point, these numbers add up.

Failures to Appear in Court

American immigration courts consistently have the highest failure to appear (FTA) rates of any state or federal courts in the country.2From 1996 through 2017, 37 percent of all aliens free pending trial disappeared. From the 2,680,598 foreign nationals that Immigration and Customs Enforcement (ICE) released on their own recognizance, 1,320,000, received deportation orders, 75 percent of them (993,593) for failure to appear. Only 25 percent of this group — some 324,402 people altogether — actually tried their cases.3 This dynamic, first reported at a House Judiciary Committee hearing on June 17, 2010, eventually prompted heated denial by the Obama Justice Department4 but it is not solely a problem of Democrat administrations. Administrations of both parties have failed to effectively address it.5

Immigration trial courts issued three times more deportation orders for failure to appear in court than deportation orders for cases that were actually tried (993,593 ÷ 324,402) over the last 22 fiscal years. (See Figure 1.) On average, more than 45,000 people each year disappeared from court since 1996, making failures to appear the single greatest source of deportation orders in the immigration court system.6  

Read the rest here.

Image: CIS.org

Filed Under: Immigration Research Archives

Georgia’s Immigration Enforcement Review Board: ‘An Example of What Not to Do’: Where Immigration Law Is Enforced – Usually Not Enforced – by Political Appointees Granted the Power of Courts

January 17, 2019 By D.A. King

Image: Bensbiltong.com
Originally published in Pew’s Stateline, the below is from the influential Governing Magazine” From our eight years of personal experience with the IERB, we will have plenty to add soon, but a “parody of a Kangaroo Court” is a good start.

An Example of What Not to Do’: The State Where Immigration Law Is Enforced by Political Appointees Granted the Power of Courts

BY STATELINE | JANUARY 4, 2019 AT 7:14 AM
By Teresa Wiltz

Over the past few years, statehouses around the country have tried to rein in cities deemed too friendly to undocumented immigrants. But Georgia is the only state that’s created an independent board with one specific mission: Punishing cities that aren’t doing enough to crack down on illegal immigration.

Typically, that responsibility falls to state attorneys general. But in Georgia, residents can file a complaint against any city or county they judge to be breaking state immigration law.

Until a recent case against the small liberal town of Decatur, though, all but one of the complaints had come from one private citizen, an avowed anti-illegal immigration activist who’s made this his life’s calling.

Then the lieutenant governor, Republican Casey Cagle, filed a complaint accusing Decatur of violating state immigration law last year as he was running for governor. And on Facebook, he threatened to yank its state funding.

“Liberal politicians in the City of Decatur are trying to put the interests of criminal illegal aliens ahead of our safety — and I will not allow it!” Cagle wrote. (He did not respond to repeated requests from Stateline for comment.)

Few locals have heard of it, but Georgia’s Immigration Enforcement Review Board was created seven years ago, when the state passed one of the nation’s strictest immigration laws. Trying to keep track of the legal comings and goings of the IERB, as the board is known, can be dizzying.

Most of its members are not attorneys or immigration experts. All are volunteers — and all are political appointees, which in this red state, makes it a majority Republican board.

And while technically not a court, the board has been given many of the powers of a court: It investigates alleged wrongdoing, subpoenas witnesses and hears testimony.

The board has the power to recommend sanctions against municipalities found to be in the wrong — and ultimately, withhold millions in state funding from them as punishment.

So far, though, it has levied just one lasting fine, for $1,000 against Atlanta. A handful of small cities, though, have been forced to spend time and money defending themselves against accusations.

Two of the immigration board members refused to step down years after their terms ended, and did so only in 2018, when they were sued by a Decatur resident and accused of violating Georgia law.

“The Georgia board is an example of what not to do, rather than a model for something effective,” said Jessica Vaughan, director of policy studies for the Center for Immigration Studies, a national research and advocacy group that favors limited immigration to the United States.

“It’s troubling,” Vaughan said, “to have that authority go to a politically appointed group that lacks expertise in the subject matter.”

The city of Decatur has filed two lawsuits against the board, saying it has violated public meetings and public records laws; the Georgia First Amendment Foundation and the Southern Poverty Law Center joined one of the suits in December. (Under James Balli’s tenure as chair, he has made efforts to make the board more transparent, including releasing records to a reporter.)

Balli, said it is just complying with state immigration law in its work, and until that law is changed, it’ll continue with its charge.

The 2011 law the board is focused on, HB 87, permits law enforcement officers to stop anyone they deem to be “suspicious” and ask for their papers. The law also requires cities and counties, and many businesses, to use E-Verify to ensure workers are in the country legally; and punishes those who use fake identification to get work.

“The goal is compliance, not punishment,” Balli said.

“We’re not anti-immigration,” Balli said, adding that his grandmother was an immigrant from Mexico. “We don’t want that to be the picture of this board.”

Atlanta’s Hippie Cousin

Decatur’s been described as a speck of blue in a sea of red, and that is true — up to a point. There have always been specks of blue in Georgia, and the state is increasingly trending purple. In November, Democrat Stacey Abrams narrowly lost to Republican Brian Kemp in the race for governor.

But Decatur, as the Atlanta Journal-Constitution puts it, is “renowned as a bastion of Southern liberalism.” It’s Atlanta’s hippie cousin — population 23,800 — 4 square miles of bungalows, yoga studios and farm-to-table fare. In 2016, 86 percent of voters here cast their lot with Hillary Clinton.

Both Decatur and its next-door neighbor Atlanta issued directives in 2017 ordering local police not to detain immigrants, barring a court order. Decatur doesn’t even have a jail — and has few immigrants.

But for the past year, it is Decatur, not Atlanta, that has been in battle with the state, fighting accusations that it is a sanctuary city.

And even though the IERB has yet to yank state funding in any of the cases it’s heard, Decatur officials say they worry the city could lose millions in funding if the board tried to take action.

‘Kangaroo Court’

Many critics of the board, who fall on both sides of the immigration battle, have said it should be disbanded.

“It’s a court that operates in very strange, mostly nontransparent ways and yet has a tremendous amount of power,” said Naomi Tsu, who oversees the legal and advocacy work on behalf of immigrants in the Deep South for the Alabama-based Southern Poverty Law Center. The center has profiled the IERB on its “Hatewatch” blog.

Then there’s Marietta, Georgia, resident D.A. King, who’s filed 20 of the 22 complaints that have come before the board. He called the IERB a “parody of a kangaroo court.”

King, a Detroit native, describes himself as a nationalist “along the lines of a George Washington,” but says that he’s not a white supremacist. Nor is he against legal immigration. “My adopted sister is from Korea,” he said.

“I’m trying to educate people about immigration. It’s about the law and what’s good for America and Americans.” Read the rest of the report here.

Filed Under: Recent Posts Achrives

Opinion: Kangaroo Court? Georgia’s Immigration Enforcement Review Board (IERB) calls a special meeting with agenda to be determined : It’s via telephone and if you want to hear it, you must go to downtown Atlanta and through security

January 1, 2019 By D.A. King

Image:Bensbiltong.com

__

Email received from Audits and Accounts, December 31, 2018 at 3:38 PM:

Good Afternoon,

The Immigration Enforcement Review Board has scheduled a Special Called Meeting for Tuesday, January 8, 2019 at 10:00.  The members will be holding this meeting via conference call.  A conference call line will be set up in Room 1-151 at the Georgia Department of Audits and Accounts if you wish to hear the meeting in person.  The address for the Georgia Department of Audits and Accounts is listed on the agenda.  The building is located at the corner of Trinity Avenue and Washington Street.  Please enter the building on the Trinity Avenue side.  You will need to go through security and show a valid ID to enter the building.  I have attached a tentative agenda, but will resend.

Thank you,

Carol Schwinne

Carol G. Schwinne| DirectorAdministrative Division

Georgia Department of Audits and Accounts

270 Washington Street, S.W., Suite 1-156

Atlanta, GA 30334

Office: 404.463-2670 | schwinne@audits.ga. gov

  audits.ga.gov  

 

 

mail.audits.ga.gov made the following annotations on 12/31/18:

NOTICE: This e-mail (including attachments) may contain information that is confidential and legally privileged. If you are not the intended recipient, you are hereby notified that you have received this document in error and that any review, dissemination, distribution or copying of this message is strictly prohibited. If you have received this in error, please notify us immediately and delete the message.

Thank you for your cooperation.

__

***Note: More on the IERB here and here.

Filed Under: Recent Posts Achrives

Illegal immigration: What is “parole?”

March 22, 2023 By D.A. King

 

What is parole?

USCIS uses its discretion to authorize parole. Parole allows an individual, who may be inadmissible or otherwise ineligible for admission into the United States, to be paroled into the United States for a temporary period. The Immigration and Nationality Act (INA) allows the secretary of homeland security to use their discretion to parole any noncitizen applying for admission into the United States temporarily for urgent humanitarian reasons or significant public benefit. (See INA section 212(d)(5).)

An individual who is paroled into the United States has not been formally admitted into the United States for purposes of immigration law.

Parole is not intended to be used solely to avoid normal visa processing procedures and timelines, to bypass inadmissibility waiver processing, or to replace established refugee processing channels.

Length of Parole

If authorized, we will specify the duration of parole for a temporary period of time to accomplish the purpose of the parole. For example, if parole is requested to attend a civil court proceeding between private parties, we may authorize parole for the period of time necessary to attend the proceedings. We typically grant parole for no more than 1 year, although we may grant parole for a longer duration depending on the reason for the parole.

Parole ends on the date the parole period expires or when a parolee departs the United States or acquires an immigration status, whichever occurs first. In some cases, we may place conditions on parole, such as reporting requirements. We may revoke parole at any time and without notice if we determine that parole is no longer warranted or a parolee fails to comply with any conditions of parole.

Work Permits

We may, at our discretion, grant a parolee temporary employment authorization, if it is not inconsistent with the purpose and duration of their parole. You may request employment authorization after being paroled into the United States by filing Form I-765, Application for Employment Authorization.

The above pasted in from the USCIS site here. See “terminology.”

Filed Under: Immigration Research

Correction, apology and clarification: Partially inaccurate analysis of SB 233 – “school choice”

March 17, 2023 By D.A. King

 

Re; SB 233 as passed the senate (SB233/CFSA)

Correction: The conclusion I came to and posted here regarding eligibility of students for the proposed new state grant known as the “Promise Scholarship” in SB 233 was inaccurate. I wrote that aliens illegally paroled for admission into the United States by the Biden administration would be eligible for the proposed new benefit. That conclusion is wrong. In fact, eligibility for the benefit requires that a student be a United States citizen or a “permanent resident alien” (green card holder) who meets the definition of an eligible noncitizen under federal Title IV requirements.”

That restriction does not include recipients of Biden’s illegal parole as I wrote. I deeply regret the obvious error.

As Georgia’s only full time pro-enforcement voice on immigration, we strive for accuracy and have promised swift correction on any inaccurate information. I have proven that no matter how many times one checks his work, if the same glaring error is repeated in the analysis process the conclusion will be flawed.

One of the first things I was taught as a seventeen-year-old recruit was that “Marines do not make excuses.” That said, I wish I had paid much closer attention in grade school class on Roman numerals.

Including state Rep Will Wade, and Senator Colton Moore’s Chief of Staff Michael Gargiulo, many thanks to the various people who politely convinced me to check my work yet again. I am profoundly sorry for my mistake and grateful for the confidence so many people show for our credibility.

Clarification: As the state-funded private school tuition scholarship proposed in SB 233 would benefit entire families, we have been consistent in our opinion that students and “parents” (applicants) be U.S. citizens or green card holders (“LPRs” – Lawful Permanent Residents).

I have repeatedly pointed out that we see no provision that “parents” are required to have that status  – or have any lawful immigration status. Due to the involvement of “parents” in the application process, oversight authority and apparent ability to access payments for “certain qualified education expenses,” we believe the absence of that language is crucial in any judgment of the pro-enforcement fairness and viability of the measure. Please see more on parents here.

We are of the opinion that any new “Promise Scholarship” would be a state grant public benefit under OCGA 50-36-1 and that applicants (“parents”) would be required to complete the verification of “lawful presence” in that code section. Assuming this is the case, it would not alone limit the participation of “parents” to U.S. citizens or LPRs. It would allow “parents” with non-immigrant visas and Biden’s illegal parole to apply and participate. We respectfully recommend that legislators educate themselves on this matter.

In the interest of “a belt and suspenders” clarity, the bill should contain language on this point. We also note that similar previous legislation did not require students to be U.S. citizens or LPRs, only cited 50-36-1 as an eligibility and verification reference and was murky in it’s language and wrong in its presentation.

dak

 

Filed Under: Recent Posts

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Days since GA Gov. Brian Kemp promised action on 'criminal illegals,' sanctuary cities, a criminal alien registry and related legislation:

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An Illegal Alien in Georgia Explains How To Drive Illegal Aliens Out of Georgia – SB529, 2007

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Foreign cops & lower college tuition for illegals than Americans, anyone? *Complete coverage of GA. House Study Committee “Innovative Ways to Maximize Global Talent”

ANSWERING THE SMEARS

Answering the smear: “blow up your buildings…” How a lie passed on by the AJC in 2007 is still being used against D.A. King (me)

FOREVER 16: REMEMBER DUSTIN INMAN

The Southern Poverty Law Center – a hate mongering scam

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IMMIGRATION & WORLD POVERTY – GUMBALLS

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Georgia is home to more illegal aliens than green card holders

More illegal aliens than lawful permanent residents (green card holders) Image: GBPI.org

On illegal immigration and Georgia’s higher-ed system

Illegal aliens protest to demand "equity." Image: Twitter

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