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danm999

Member
Oct 29, 2017
17,096
Sydney
You're technically correct and also technically wrong.

To rescind Trump's 287(g) agreements directly he should have rescinded EO 13767 which is why you are technically right.

What he chose to do was rescind EO 13768 which means all executive branch departments can not execute any deals made under 13767.

Since the two executive orders cover a wider range of permissible actions it stands to reason there is something in 13767 he wants to keep alive.

Whatever it is, he still effectively managed to honor his promise of dismantling Trump's 287(g) agreements by ordering DHS and other relevant departments not to use any procedures that enabled those agreements.

He chose to retreat and try to thread the needle like this because he doesn't want to spend the political capital on this. The ACLU is speaking out because they know exactly how bullshit this all is and isn't even clearing the extremely moderate bar he set himself of winding back these agreements.

The real world impact of what he did was to give ICE the green light to keep scooping people up, just now they have to funnel the people they detain into the "national security and public safety" bucket. I have no doubt ICE agents will simply adjust their scripts slightly and call anyone who they grab a priority for deportation on some bullshit pretext that more often than not never gets any review.

It's honestly sickening. It's just not good enough and I have no idea why people are willing to play internet lawyer to defend it.
 

Leandras

One Winged Slayer
The Fallen
Oct 25, 2017
1,462
Hate to say it but this is who liberals threw their weight behind. Biden was always the conservative democrat pick.

It fucking sucks seeing fellow african, south american and asian immigrants being treated like shit by a state sponsored racist regime but that was never going to change under Biden. And anyone who expected it would is a fool or in such a desperate position that theyd mentally twist anything to cope with reality.
 

mutantmagnet

Member
Oct 28, 2017
12,401
He chose to retreat and try to thread the needle like this because he doesn't want to spend the political capital on this. The ACLU is speaking out because they know exactly how bullshit this all is and isn't even clearing the extremely moderate bar he set himself of winding back these agreements.

The real world impact of what he did was to give ICE the green light to keep scooping people up, just now they have to funnel the people they detain into the "national security and public safety" bucket. I have no doubt ICE agents will simply adjust their scripts slightly and call anyone who they grab a priority for deportation on some bullshit pretext that more often than not never gets any review.

It's honestly sickening. It's just not good enough and I have no idea why people are willing to play internet lawyer to defend it.
What you are talking about is a very separate thing from 287(g).

287(g) allowed the federal government to form cooperative efforts with state and local enforcement after designating specific staff to act as official liaisons between the local/state and the fed.

The DHS won't create new agreements nor will they communicate with the existing liaisons.

That's all 287(g) was about. No more, no less.




Now looking at your second concern that Biden is allowing ICE to detain people under "national security and public safety bucket" if we go back to looking at his campaign pledge he didn't break any promise there either.

  • Restoring sensible enforcement priorities and protecting sensitive locations from enforcement actions. Targeting people who have never been convicted of a serious criminal offense and who have lived, worked, and contributed to our communities for decades is the definition of counterproductive. Biden will direct enforcement efforts toward serious threats to public safety and national security, while ensuring that individuals are treated with the due process to which they are entitled and their human rights are protected. No one should ever be afraid to seek medical attention, pick their child up from school, or to be a part of a community of faith for fear of an immigration enforcement action. Biden will protect sensitive locations from immigration enforcement actions.


joebiden.com

The Biden Agenda for the Latino Community

Joe Biden believes that the story of America is one of ordinary people doing extraordinary things. The Latino community is a core part of the American community and their contributions are evident in every part of society. Our nation’s ability to draw and welcome hard-working, aspirational...


It's fine to be mad at Biden for not being the type of person you want him to be. But don't make the mistake of assuming he made promises that didn't contradict what you hope for.

Just from these two examples, Biden so far hasn't broken any promises he made about immigration enforcement.
 

Titanpaul

Member
Jan 2, 2019
5,008
I hope Biden goes further than this. America really need to do better.

Unrelated to the content: I think people from PoliEra don't come to threads like this because they tend to include bad faith (not absolishing ICE is due to xenophobia and not political ramifications of doing so immediately), incorrect (Liberals promised they'd abolish ICE), or revisionist (why did Era tell me to vote Biden over Bernie) posts. Some people are more content posting memes than discussing the actual content.
 
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Samiya

Alt Account
Banned
Nov 30, 2019
4,811
biden should do what he said he would do, if he is keeping trumps shit policies then he absolutely deserves to be criticised.

it's not like simply removing Trump's policies will help things:

EubeUCPXMAQQpQi


from this report:
www.tni.org

Biden's Border | Transnational Institute

This briefing profiles the leading US border security contractors, their related financial campaign contributions during the 2020 elections, and how they have shaped a bipartisan approach in favor of border militarization for more than three decades. It suggests that a real change in border and...
 

yogurt

Member
Oct 25, 2017
6,801
A federal judge granted a restraining order preventing Biden's 100-day deportation freeze from happening:



Arguments that Biden intentionally backtracked for the hell of it are disingenuous. Abolish ICE, sure -- but that's going to take Congressional action as it requires dismantling the entire Homeland Security apparatus (which should happen for several reasons, of which ICE is only the most notorious part).
Thank you for this clarification and your other well-sourced posts in this thread. Same goes for mutantmagnet. I learned a few things!

It really frustrates me how many cheap drive-bys there are in threads like this by people who clearly didn't read beyond headlines and reactionary tweets.
 

Ocarina_117

Member
Oct 26, 2017
9,562
As an outsider looking in, I was never a fan of Biden or Harris. They always looked like candidates who would maintain the status quo, without being overtly fascist.

Ofcourse, as a socialist, I'm a huge fan of Bernie. It was lame reading posters here completely write off Bernie and herald Biden as the only hope to "save" America. But then again, this forum does hold a war criminal in high regard.

So, it seems like my preconceptions surrounding Biden are coming true.
 

collige

Member
Oct 31, 2017
12,772
Just from these two examples, Biden so far hasn't broken any promises he made about immigration enforcement.
OK but the ACLU statement in the OP says exactly what they think the broken promises are. Here's another part of the link you posted (emphasis mine):
On his first day in office, Biden will send to Congress a bill for legislative immigration reform that will modernize our immigration system and give nearly 11 million undocumented immigrants a roadmap to citizenship. Biden knows that we can secure our borders and uphold our laws in a way that is humane, just, and that establishes a rational set of rules for aspiring immigrants. He will invest in smart technology that addresses the real threats to U.S. security, ones that primarily come to our country through our legal ports of entry, and he'll restore our asylum system so that it once more offers protection and safe harbor to people fleeing dangers. He'll ensure those seeking refuge in the United States are treated with dignity and get the fair hearing they're legally entitled to receive, and surge the resources to hire more immigration judges and asylum officers to address the current crisis. Moreover, a Biden Administration will immediately review every Temporary Protected Status (TPS) decision made by the Trump Administration to ensure that no one is returned to a country that is not safe, extend TPS to Venezuelans seeking relief from the humanitarian crisis brought on by the Maduro regime, and offer TPS recipients who have been in the country for an extended period of time a path to citizenship through legislative immigration reform.

And the ACLU's response:
The interim enforcement priorities detailed today import the injustices of the criminal legal system and will lead to continued disproportionate deportations of Black and Brown immigrants. The priorities use sweeping and overbroad presumptions of threat that have for decades resulted in biased profiling and harmful immigration consequences for Black and Brown people, including Muslims. The priorities presume that all recent border crossers are threats, in total contravention of President Biden's commitment to ensuring that people seeking asylum are treated with dignity.
"At a time when Black immigrants are being deported, including to the lethal situation in Haiti, the Biden administration must not hesitate to put real limits on ICE. As it works to undo the chaos and cruelty of both the Trump and Obama administrations, the Biden administration must fully break from the racist and unfair policies of the past."

Seems pretty clear cut to me. The phrasing around "treated with dignity" almost makes it seem like they're referring to that exact paragraph actually.
 

rjinaz

Avenger
Oct 25, 2017
28,392
Phoenix
Glad you all convinced me picking Biden over any other Democrat minus Buttigieg and Klobuchar
Are we rewriting history now. Biden continued to be the least favorite candidate on era up until it was literally just him left.

Anyway it seems a judge handicapped his order and this is just a step he's taking at the moment. This isn't going to be the end of Biden a battle with ICE I'm quite sure.

That said if he can do more right now he should absolutely do it.
 

yogurt

Member
Oct 25, 2017
6,801
As an outsider looking in, I was never a fan of Biden or Harris. They always looked like candidates who would maintain the status quo, without being overtly fascist.

Ofcourse, as a socialist, I'm a huge fan of Bernie. It was lame reading posters here completely write off Bernie and herald Biden as the only hope to "save" America. But then again, this forum does hold a war criminal in high regard.

So, it seems like my preconceptions surrounding Biden are coming true.
Your preconception was that a judge would block Biden's deportation freeze and that he wouldn't go far enough to wind down 287(g) programs?
 
Oct 27, 2017
17,973
How come the ACLU seems like they expect changes and updates to come from the Biden administration on, as if they know this is just the early going? There aren't more people in here because most people aren't signing on to the premise that it's over before it begins. Not even the ACLU is declaring it over.

Besides, most of this article quotes the former head of ICE, as if that is worth anything at this point. So from the standpoint of this article, there is not much to engage with.

Yes, in its three years Era generally has been conservative when it comes to immigration and detainment/incarceration. This is very frustrating in that it has not been limited to any particular community but has had broad support.

And also generally based on what people dare to post, this forum struggles with empathy being directed towards the liberal - almost as much as media does. I want to hear about your self-satisfaction or your views on other groups of members about as much as I want to hear media go on and on about the "plight" of the Republicans post-Trump.

The ACLU aren't the only ones speaking out:
https://www.raicestexas.org/2021/02/18/democrats-must-keep-their-promise-on-immigration/
 

kaishek

Member
Oct 30, 2017
1,144
Texas
Thank you for this clarification and your other well-sourced posts in this thread. Same goes for mutantmagnet. I learned a few things!

It really frustrates me how many cheap drive-bys there are in threads like this by people who clearly didn't read beyond headlines and reactionary tweets.

try reading from organizations concerned about this instead of looking for 5D chess posts that soothe your confirmation bias

this aint a game for millions of people
 

ZeroDotFlow

Member
Oct 27, 2017
928
User Warned: Drive-By Trolling
But Era told me that Biden was the most progressive candidate out there and that he made promises that he'd keep on his website!
 

yogurt

Member
Oct 25, 2017
6,801
try reading from organizations concerned about this instead of looking for 5D chess posts that soothe your confirmation bias

this aint a game for millions of people
I was thanking other users for their posts that explained the intricacies of the situation and linked to informative resources. I find those sorts of posts much more helpful than twitter reposts and glib hot takes, so I highlighted them. I read several of the linked resources, including those by the ACLU and RAICES, both of whom I have contributed money to in the past and plan to continue giving to.

I don't view immigration issues as a game and don't know what your post is referring to.
 

Pancracio17

▲ Legend ▲
Avenger
Oct 29, 2017
18,706
If anyone was going to abolish ICE, it sure as hell wont be Biden. The guy basically ran on being the guy in the middle.
 

Kill3r7

Member
Oct 25, 2017
24,402
ICE was never going to be abolished by POTUS anyway. It will have to be done via Congress where support for abolishing vs reforming is unclear.
 

mutantmagnet

Member
Oct 28, 2017
12,401
OK but the ACLU statement in the OP says exactly what they think the broken promises are. Here's another part of the link you posted (emphasis mine):


And the ACLU's response:



Seems pretty clear cut to me. The phrasing around "treated with dignity" almost makes it seem like they're referring to that exact paragraph actually.

There's a lot to unpack. Be patient and clarify if I missed something.



So you personally emphasized that Biden said he'll restore the asylum system to offer safe harbor to people fleeing from danger.
Secondly he ensured they would be treated with dignity and given a fair hearing.
Lastly he promised he would review the Temporary Protected Status decisions made under the Trump administration in order to not send people back into dangerous situations.


He ensured they are given a fair hearing by ordering:

(E) The Secretary of Homeland Security shall promptly cease implementing the "Prompt Asylum Case Review" program and the "Humanitarian Asylum Review Program" and consider rescinding any orders, rules, regulations, guidelines or policies implementing those programs.

That was the program Trump implemented to speed up the review process at such a pace the evidence was appropriately being considered.

He restored their dignity by ordering:

(Revocation of) ...(4) Presidential Memorandum of April 6, 2018 (Ending "Catch and Release" at the Border of the United States and Directing Other Enhancements to Immigration Enforcement).

That was the program Trump tried to ban that allowed migrants like asylum seekers and families looking for work to live members of their community in the states instead of sitting detention centers. I say try because even with the ban in effect the Trump administration lacked the facilities to hold so many people so they still had to release some people they deemed to be low risk.

Biden restores the asylum system by ordering:

(c) The Collaborative Management Strategy shall identify and prioritize actions to strengthen cooperative efforts to address migration flows, including by expanding and improving upon previous efforts to resettle throughout the region those migrants who qualify for humanitarian protection. The Collaborative Management Strategy should focus on programs and infrastructure that facilitate access to protection and other lawful immigration avenues, in both the United States and partner countries, as close to migrants' homes as possible. Priorities should include support for expanding pathways through which individuals facing difficult or dangerous conditions in their home countries can find stability and safety in receiving countries throughout the region, not only through asylum and refugee resettlement, but also through labor and other non-protection-related programs. To support the development of the Collaborative Management Strategy, the United States Government shall promptly begin consultations with civil society, the private sector, international organizations, and governments in the region, including the Government of Mexico. These consultations should address:

(i) the continued development of asylum systems and resettlement capacities of receiving countries in the region, including through the provision of funding, training, and other support;

(ii) the development of internal relocation and integration programs for internally displaced persons, as well as return and reintegration programs for returnees in relevant countries of the region; and

(iii) humanitarian assistance, including through expansion of shelter networks, to address the immediate needs of individuals who have fled their homes to seek protection elsewhere in the region.

There's more to each but they can be found in that link.

So the last thing you were concerned about was people affected by Trump's TPS decision.

Looking this up he was blocked in court for so long that after he finally was allowed to finally deport them he couldn't do it no sooner than March 2021 except for people from El Salvador.

www.vox.com

A federal court ruling could allow Trump to deport 400,000 immigrants next year

A Ninth Circuit decision could end Temporary Protected Status for immigrants from El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan.

So all those people Trump had every intention of deporting are now under Biden's review process. We'll have to see what happens in March but Biden hasn't deported anyone under TPS so far.


In fact Biden's team beforehand presented a bill to Congress that would extend DACA reforms to existing TPS people.


www.whitehouse.gov

Fact Sheet: President Biden Sends Immigration Bill to Congress as Part of His Commitment to Modernize our Immigration System | The White House

The U.S. Citizenship Act of 2021 establishes a new system to responsibly manage and secure our border, keep our families and communities safe, and better manage migration across the Hemisphere President Biden is sending a bill to Congress on day one to restore humanity and American values to our...


To me he's doing a pretty good job in making both concrete immediate improvements to immigration as well as laying the groundwork for hopefully even better changes.


So let's look at he ACLU statement.

One of the most important things that standout is that the want to hold Biden accountable for making a promise to reverse policies under both Trump and Obama. I have a hard time believing he would say he would revoke policy when he was vice president at the time but I would like to be proven wrong.

Another important detail is that the response is basically a critique of a DHS guideline issued on the 18th.




Reading through that guideline every enforcement action the new guideline requires agents to look at priority non-citizens.

Later on the document clarifies executive order 13993 establishes the baseline that they will abide by.

I've linked to EO before and basically it says everything Trump mandated under EO 13768 is null and void. In essence DHS is now reverting back to pre-Trump policies for the next 90 days until Secretary of Homeland Security Mayorkas issues more permanent guidelines.

If you don't like Obama era policies this certainly an issue. Heck what the ACLU is really arguing goes deeper than that. They are arguing against the systemic issues that has always existed for decades in immigration policy. They are advocating for Biden to think more deeply beyond regressing back to what we had before the Trump insanity. That's fine and I agree mostly with their underlying ideas. The systemic prejudices should be dealt with. The only thing I don't agree with is their idea that an immigration enforcement agency shouldn't exist. I'm sure their take on that matter is more nuanced on than that but in this letter they didn't take the time to explain that nor do they really need to.

Until someone provides some proof that Biden gave assurances that he wouldn't revert to Obama era policies I still think he hasn't lied yet.

As for the merits of his actual immigration policies they run the gambit of pretty good to meh.

I personally was very happy he ended children being in cages. I was happy he resumed the asylum policies. I'm glad he limited the powers of ICE agents. What I'm lukewarm to is how much latitude he has given to department leadership to review Trump era policies. IMO they are undoubtedly all bad. There might have been one good idea in that mountain of shit but it's not worth looking for it.


danm999 while doing the research to answer this post I noticed that Biden actually did end 287(g) directly. In fact he ended all of Trump's bullshit.


(F) The following Presidential documents are revoked:

(1) Executive Order 13767 of January 25, 2017 (Border Security and Immigration Enforcement Improvements).



*shrugs*
 

Tallshortman

Member
Oct 29, 2017
1,623
It is very clearly not happening. Abolishing the FBI might have more bipartisan support than abolishing ICE.

Yep you'd probably have trouble finding more than 10 votes in the Senate to actually abolish ICE. Reform is the only plausible avenue right now.

But Era told me that Biden was the most progressive candidate out there and that he made promises that he'd keep on his website!

Which exact promise are you referring to that he's breaking here?
 

dabig2

Member
Oct 29, 2017
5,116
More opinions of rights activists and organizations and a bit more detail on why people are pissed about the memo here:


lawandcrime.com

Biden's New ICE Guidance Completely Backtracks From 100-Day Deportation Moratorium Promise, Expands Enforcement Priorities

Thursday's guidance solidifies deportation discretion granted by the administration to ICE and significantly expands the agency's ability to effectuate detentions and deportations.
Under the new guidance, ICE agents are on alert that "no preapproval [is] required for presumed priority cases." So, if any undcocumented immigrants fall into any of the three above-noted enforcement priority groupings, ICE agents and officers "need not obtain preapproval for enforcement or removal actions that meet the [outlined] criteria for presumed priority cases, beyond what existing policy requires and what a supervisor instructs." This means that ICE agents do, in fact, have the authority to pursue non-priority cases that fall outside of the three main categories—but such enforcement and deportation actions must be signed off on by a superior.

The 46th president's administration, and many of its defenders on social media, have cited a Jan. 26 court order from the Southern District of Texas by claiming that continued deportations are necessary, mandated and that their hands are tied by Judge Drew Tipton. But that's simply not true.

The AP story by Nomaan Merchant noted the obvious incongruity in the second sentence:

"Scheduling deportations is still a matter of discretion for the agency," Cornell Immigration Law Professor Steve Yale–Loehr told the AP at the time.

On Thursday, that discretion was formalized and extended—for the next 90 days at least; which will run slightly over the originally-promised 100-day deportation moratorium.

The disconnect between promised words and the reality of executive power became clear earlier this month as the Biden administration scheduled hundreds of Black non-citizens for deportation during Black History Month in a widely-criticized move that prompted a huge outcry from Black lawmakers in Washington, D.C.

and

truthout.org

Biden Spent Black History Month Deporting Black Immigrants. Where’s the Outrage?

Anti-Blackness is baked into the immigration system, and ICE has merely operationalized it.
Patrice Lawrence: At the end of the day, Biden is responsible because Biden has the power to stop the deportations. He is one of the most powerful men in the world. I understand there are many nuances, but DHS is relatively new. ICE is relatively new. They built these agencies up quickly and they can tear them down quickly, but they're not going to do that. The oppressor isn't going to willingly tear down these systems; it's the job of the oppressed to demand it.
If the head of DHS had the political will to stop these deportations, he would do it. But he doesn't and I don't think he's going to and that tells us a lot about his character and the character of Joe Biden. We need people who are willing to take political risks; we need people to determine that the deportation of Black immigrants is not an option.
Lawrence: People have already gone away and dropped off. People were not kidding when they said that if Hillary Clinton was elected, they would have been at brunch. Black people are shouting from the rooftops that deportations are happening and that Biden can stop them. Where is the moral outrage? What happened to the concern for the kids in cages? I've not heard a word about Biden's plan for family detention. If Trump was reelected and he spent his first 100 days in office and the first weeks of Black History Month deporting Black people, hundreds would be in the streets, COVID or not. The reasoning seems to be that we can't set our savior on fire in the name of an ally, with Biden being the savior. It comes back to this basic thing again: Allies needed to separate themselves from Trump because to them, he was in-your-face evil and they wanted to feel good about themselves by trying to remove themselves from him. Biden is too familiar. To attack Biden is to attack yourself.


Biden can do way more than what's happening. He can say way more about what's happening. He can make a lot of internal changes in DHS/ICE that can immediately make a difference for the better. He refuses to, simple as that. And activists are going to remain angry and loud, and we should be joining them.
 

collige

Member
Oct 31, 2017
12,772
So you personally emphasized that Biden said he'll restore the asylum system to offer safe harbor to people fleeing from danger....

He restored their dignity by ordering:
I put emphasis on the quotes because I was aligning the ACLU's complaints with the goals stated on Biden's website. As far as I can tell, the specific issue here is not broadly "restoring the asylum system", but that the new guidelines continue to be hostile to asylum seekers as they arrive at the border. Restoring their dignity after the fact isn't really the same thing. I think the specific part I bolded was pretty clear on the issue: "The priorities presume that all recent border crossers are threats".

Some minor nitpicks:
So the last thing you were concerned about was people affected by Trump's TPS decision.
I didn't express any personal concern at all, I looked at the words in the ACLU's statement and matched them with lines on Biden's website.

Another important detail is that the response is basically a critique of a DHS guideline issued on the 18th.
I mean, yeah, it's literally called "ACLU Response to DHS Memo". That's the entire topic of this thread!

---

I'm gonna skip over your sources on Biden's EOs to reverse Trump's terrible policies because I'm sure we both agree that those moves were good and necessary.

HOWEVER
I've linked to EO before and basically it says everything Trump mandated under EO 13768 is null and void. In essence DHS is now reverting back to pre-Trump policies for the next 90 days until Secretary of Homeland Security Mayorkas issues more permanent guidelines.

If you don't like Obama era policies this certainly an issue. Heck what the ACLU is really arguing goes deeper than that. They are arguing against the systemic issues that has always existed for decades in immigration policy.
If you're completely correct that this is a return to Obama era policies and civil rights and immigrant advocacy groups are still upset, then that's a pretty clear indictment of those Obama era policies too.

Broadly speaking, here's how I see it. Right before the part I quoted from Biden's site it says he wants to "uphold our laws in a way that is humane, just, and that establishes a rational set of rules for aspiring immigrants". That's the stated goal and that should be the metric we're measuring him by: his professed interest in humanity and justice, not whatever the last X presidents did. And when the groups whose entire raison d'être is to support humanity and justice are raising alarms, I'm inclined to listen to them.
 
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yogurt

Member
Oct 25, 2017
6,801
More opinions of rights activists and organizations and a bit more detail on why people are pissed about the memo here:


lawandcrime.com

Biden's New ICE Guidance Completely Backtracks From 100-Day Deportation Moratorium Promise, Expands Enforcement Priorities

Thursday's guidance solidifies deportation discretion granted by the administration to ICE and significantly expands the agency's ability to effectuate detentions and deportations.




and

truthout.org

Biden Spent Black History Month Deporting Black Immigrants. Where’s the Outrage?

Anti-Blackness is baked into the immigration system, and ICE has merely operationalized it.




Biden can do way more than what's happening. He can say way more about what's happening. He can make a lot of internal changes in DHS/ICE that can immediately make a difference for the better. He refuses to, simple as that. And activists are going to remain angry and loud, and we should be joining them.
Huh, so if I'm understanding this correctly the judge declared that ICE can't stop initiating deportations, but they can stop scheduling the enforcement of those deportations, meaning they can in theory be kicked down the road indefinitely? What I'm not clear on, even after reading, is whether Biden can directly dictate the ICE scheduling in this case or if it's under the direction of / can be overridden by the head of ICE.

Obviously he should do whatever is under his control to follow through on the 100 day halt of deportations. I did always figure that was just going to be a cooling off period while they work to figure out what the hell to do with ICE over the next few years, but the pause is still important, IMO.

Thanks for sharing those links. The law and crime one in particular was helpful.
 

dabig2

Member
Oct 29, 2017
5,116
Huh, so if I'm understanding this correctly the judge declared that ICE can't stop initiating deportations, but they can stop scheduling the enforcement of those deportations, meaning they can in theory be kicked down the road indefinitely? What I'm not clear on, even after reading, is whether Biden can directly dictate the ICE scheduling in this case or if it's under the direction of / can be overridden by the head of ICE.

Obviously he should do whatever is under his control to follow through on the 100 day halt of deportations. I did always figure that was just going to be a cooling off period while they work to figure out what the hell to do with ICE over the next few years, but the pause is still important, IMO.

Thanks for sharing those links. The law and crime one in particular was helpful.

No problem!

Here's an Obama era resource from the National Immigration Law Center that has more details around this. Basically, POTUS's control over DHS and ICE is pretty expansive and influential. A POTUS does not need to be constrained by congress here, and definitely need not be constrained by orgs under the executive branch's control. He's their boss after all!

------------------------------------------
What power does the president have to act on immigration issues?
As chief executive, the president not only has the duty to enforce laws, but also the authority to decide how to do so.​
Every law enforcement agency, including the agencies that enforce immigration laws, has "prosecutorial discretion" — the power to decide whom to investigate, arrest, detain, charge, and prosecute. Agencies may develop discretionary policies specific to the laws they're charged with enforcing, the population they serve, and the problems they face.​
  • The U.S. Department of Homeland Security (DHS) may decide how to prioritize its resources in order to meet its stated enforcement goals.
  • The U.S. Department of Homeland Security (DHS) may decide how to prioritize its resources in order to meet its stated enforcement goals
  • Executive authority to take action is thus "fairly wide," as former INS Commissioner Doris Meissner has said.1 The Supreme Court has emphasized the federal government's "broad discretion," which includes consideration of "immediate human concerns."


Where does the president's authority to grant administrative relief come from?
As part of the executive branch's authority to enforce the law, the president has broad legal authority under the law, regulations, and court rulings to grant several different types of administrative relief.​
  • Deferred action. Immigration law, regulations, and courts recognize deferred action, a decision to defer the removal of individuals as an act of prosecutorial discretion. Legal authority for deferred action comes from Congress's grant of authority to DHS to administer and enforce the immigration laws. Regulations describe deferred action as "an act of administrative convenience to the government which gives some cases lower priority [for enforcement action]." Federal courts have acknowledged executive power to grant deferred action since at least the 1970s.
  • Parole in place. Congress explicitly has authorized the executive branch to grant what's known as "parole in place." Under the immigration statute, the attorney general "may . . . in his discretion parole into the United States temporarily under such conditions as he may prescribe only on a case-by-case basis for urgent humanitarian reasons or significant public benefit any alien applying for admission to the United States" (INA § 212(d)(5), 8 U.S.C. § 1182(d)(5)). The statute also requires that certain children of battered non–U.S. citizens and parents of battered noncitizen children be paroled into the U.S. (INA § 240A(b)(4), 8 U.S.C. § 1229b(b)(4)).6
  • Deferred enforced departure (DED). DED derives from the president's power to conduct foreign relations and enforce immigration laws.7 Federal courts have recognized this authority as well.8 In the past, presidents have granted DED to people from countries where a natural disaster or domestic conflict had occurred that made it dangerous for people from those countries to return to them.
"Whether it is deferred action, parole, or something else, these concepts are grounded in statute, regulations and sound principles of law enforcement," according to David Leopold, past president of the American Immigration Lawyers Association.​
------------------------------------------


But like with everything, immigration requires legislative and executive to be doing things to affect the systemic change we need. But like with student loans, the executive branch has some powers bestowed to it already by Congress that it can utilize immediately and to significant effect. It just has to choose to do so.
 

Surfinn

Banned
Oct 25, 2017
28,590
USA
More opinions of rights activists and organizations and a bit more detail on why people are pissed about the memo here:


lawandcrime.com

Biden's New ICE Guidance Completely Backtracks From 100-Day Deportation Moratorium Promise, Expands Enforcement Priorities

Thursday's guidance solidifies deportation discretion granted by the administration to ICE and significantly expands the agency's ability to effectuate detentions and deportations.




and

truthout.org

Biden Spent Black History Month Deporting Black Immigrants. Where’s the Outrage?

Anti-Blackness is baked into the immigration system, and ICE has merely operationalized it.




Biden can do way more than what's happening. He can say way more about what's happening. He can make a lot of internal changes in DHS/ICE that can immediately make a difference for the better. He refuses to, simple as that. And activists are going to remain angry and loud, and we should be joining them.
This is and will continue to be a running theme within his presidency. But there's much less incentive when he's got a loyal chorus of liberals to defend his weak responses. Also:
Biden is too familiar. To attack Biden is to attack yourself.
Damn.
 

danm999

Member
Oct 29, 2017
17,096
Sydney
What you are talking about is a very separate thing from 287(g).

287(g) allowed the federal government to form cooperative efforts with state and local enforcement after designating specific staff to act as official liaisons between the local/state and the fed.

The DHS won't create new agreements nor will they communicate with the existing liaisons.

That's all 287(g) was about. No more, no less.




Now looking at your second concern that Biden is allowing ICE to detain people under "national security and public safety bucket" if we go back to looking at his campaign pledge he didn't break any promise there either.




joebiden.com

The Biden Agenda for the Latino Community

Joe Biden believes that the story of America is one of ordinary people doing extraordinary things. The Latino community is a core part of the American community and their contributions are evident in every part of society. Our nation’s ability to draw and welcome hard-working, aspirational...


It's fine to be mad at Biden for not being the type of person you want him to be. But don't make the mistake of assuming he made promises that didn't contradict what you hope for.

Just from these two examples, Biden so far hasn't broken any promises he made about immigration enforcement.

I'm aware of what a 287(g) agreement is. You can read my earlier posts in the thread. He did not promise to simply not create new ones, he promised to end Trump's agreements.

Now you're saying it's both technically correct and technically incorrect to say he's done this (so if we are holding him to his word he hasn't done it) and the best theory you have for why he hasn't is;

Since the two executive orders cover a wider range of permissible actions it stands to reason there is something in 13767 he wants to keep alive.

Which to me sounds like a 5D chess excuse.

This is why the ACLU is unhappy because they realise leaving these agreements in place with his new guidelines is going to create an environment where state and local authorities continue to detain people on flimsy pretexts, and they can deport them using the loose guidelines justifications.
 

mutantmagnet

Member
Oct 28, 2017
12,401
I'm aware of what a 287(g) agreement is. You can read my earlier posts in the thread. He did not promise to simply not create new ones, he promised to end Trump's agreements.

Now you're saying it's both technically correct and technically incorrect to say he's done this (so if we are holding him to his word he hasn't done it) and the best theory you have for why he hasn't is;



Which to me sounds like a 5D chess excuse.

This is why the ACLU is unhappy because they realise leaving these agreements in place with his new guidelines is going to create an environment where state and local authorities continue to detain people on flimsy pretexts, and they can deport them using the loose guidelines justifications.
I guess my @ message didn't work. While doing some research for another reply I noticed he directly revoked the executive order directly with another one.