America First Legal Profile picture
Feb 5, 2024 12 tweets 4 min read Read on X
Want more details on exactly how this new Senate border bill facilitates catch-and-release, empowers Biden's bureaucrats, and will lead to EVEN MORE illegal aliens getting asylum/green cards/path to citizenship?

🧵Here are some points about the new "PROVISIONAL NONCUSTODIAL REMOVAL PROCEEDINGS."
If Mayorkas feels like it, he can send an illegal alien encountered at the border to a new "provisional noncustodial removal proceeding." No real criteria, just if the illegal alien "indicates an INTENTION to apply for a protection determination" or "expresses a credible fear." Image
If DHS elects this pathway, the illegal alien SHALL BE RELEASED from custody into the United States and enrolled in an "alternatives to detention" program. Better known to immigration enforcement experts as "alternatives to deportation," because no one ever gets deported in the program.Image
The proceedings are supposed to wrap up, "to the maximum extent practicable," in 90 days. But that's an exception any liberal administration will use in every single case. And mind you, during this time period, the alien(s) are likely relying on taxpayer-funded shelter and services while they are roaming freely throughout the United States.Image
If you're the illegal alien, don't you worry, your interview won't happen in a place where actual law enforcement officers are located: Image
If the alien establishes a "positive protection determination outcome," they are then sent to a "protection merits removal proceeding." Image
If it's negative, then there's a different path (more on that below): Image
If POSITIVE, the alien SHALL get a work permit: Image
And the ultra-liberal USCIS asylum officers get the direct authority to grant asylum, withholding, or CAT: Image
The unlucky few who don't get a positive determination get even more process!

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More process! Image
We could go on and on. But in sum here's what you need to know:
- The bill empowers Biden's liberal asylum officers to shortcut any kind of adversarial process and grant illegal aliens asylum. No cross-examination by an ICE attorney, no evaluation by an independent judge, etc.
- The bill mandates catch-and-release for the aliens subjected to these procedures.
- Aliens in these procedures SHALL get work permits. They will also likely get taxpayer-subsidized shelter and services.
- The Biden Administration WILL use the new procedures to advance their policy goals and continue the invasion. They will grant asylum, creating a pathway to a green card and citizenship for countless tens and hundreds of thousands of aliens each year.
- The new channel puts process on top of process, on top of process. End result = NO ONE IN THESE PROCEEDINGS WILL EVER BE DEPORTED.

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More from @America1stLegal

Feb 6
/1🚨BREAKING — AFL just filed a new lawsuit against HHS and CMS to expose the architects behind a Biden-era organ transplant policy that financially rewards higher transplant volume and prioritizes race in transplant decisions. Image
/2 Last week, AFL filed a lawsuit to determine who within the Biden Administration was behind its race-based organ transplant policy.

This new lawsuit seeks to uncover the outside influencers who shaped the program, and why.
/3 The lawsuit targets the U.S. Department of Health and Human Services (HHS) and the Centers for Medicare and Medicaid Services (CMS) for failing to produce records tied to a federal transplant program that rewards hospitals for increasing kidney transplant volume and embeds race into the process.
Read 9 tweets
Feb 6
/1🚨VICTORY — AFL DEFEATED Maricopa County’s attempt to hijack County Recorder Justin Heap’s election integrity lawsuit and block us from representing him.

An Arizona court fully rejected the blatant power grab.

Our lawsuit against Maricopa County will now proceed. Image
/2 After Recorder Heap chose AFL to represent him in a lawsuit against the Maricopa County Board of Supervisors, Maricopa County Attorney Rachel Mitchell filed another lawsuit against him, claiming that she had the right to select his attorney, and she did not want AFL to represent him.
/3 In its ruling, the Maricopa County Superior Court held that Arizona law does not give the county attorney authority to control a county officer’s legal representation.
Read 9 tweets
Feb 6
/1🚨VICTORY — AFL has BROKEN Nashville’s years-long stonewalling over the Covenant School shooter’s “manifesto.”

A Tennessee appeals court REJECTED Nashville’s attempt to withhold records related to the shooting and keep the public in the dark. Image
/2 The ruling from the Court of Appeals of Tennessee at Nashville reverses most of a lower court decision that allowed the Metropolitan Government of Nashville and Davidson County (Metro) to withhold the shooter’s “manifesto” in full.
/3 The court’s ruling made clear that government agencies cannot rely on sweeping legal theories to justify total secrecy, and must instead conduct a record-by-record review, redacting only what is lawfully protected and releasing the rest under Tennessee’s Public Records Act.
Read 12 tweets
Jan 29
/1💨BLOWN AWAY —

AFL has uncovered that MULTIPLE states lack evidence to support their claims of harm in their lawsuit challenging the Trump Administration’s federal wind regulation review. Image
/2 Last year, 17 states and D.C. sued the Trump Administration and several federal agencies, challenging the implementation of the Wind Memo, claiming it would cause irreparable harm to each state’s environment, climate, and economic, transportation, and security interests.
/3 The plaintiff states include New York, Massachusetts, Arizona, California, Colorado, Connecticut, Delaware, Illinois, Maine, Maryland, Michigan, Minnesota, New Jersey, New Mexico, Oregon, Rhode Island, Washington, and the District of Columbia.
Read 9 tweets
Jan 29
/1🏛️NEW SCOTUS BRIEF — 

AFL filed a brief on behalf of @tedcruz, @Jim_Jordan, and 26 members of Congress urging the U.S. Supreme Court to uphold President Trump’s executive order on birthright citizenship and restore the Fourteenth Amendment’s original meaning. Image
/2 AFL’s brief, filed in partnership with Boyden Gray PLLC, supports President Trump’s Executive Order 14160, “Protecting the Meaning and Value of American Citizenship.”
/3 Executive Order 14160 restores the original meaning of the Fourteenth Amendment’s Citizenship Clause, which the lower courts wrongly blocked by expanding birthright citizenship beyond what the U.S. Constitution allows.
Read 8 tweets
Jan 26
/1🏛️NEW SCOTUS BRIEF —

AFL filed a new amicus brief after the U.S. Supreme Court agreed to hear Noem v. Al Otro Lado, a major case on whether courts can rewrite federal immigration law and block critical border security tools.

SCOTUS must reverse the Ninth Circuit’s ruling. Image
/2 AFL’s brief, filed with Boyden Gray PLLC, on behalf of U.S. Rep. Darrell Issa and U.S. Senators Ted Cruz, Ted Budd, Mike Lee, Kevin Cramer, and Josh Hawley, urges SCOTUS to reverse the Ninth Circuit’s ruling on the merits and stop a decision that would cripple border security.
/3 The Supreme Court’s decision to take the case puts this dispute on the main stage.
Read 11 tweets

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