Their Entry Is Not Illegal...
Wed Oct 31, 2018 11:44pm

We signed onto a treaty that allows asylum seekers to enter our country at any point they desire, without papers, without pre-approval, and when they are confronted by authorities, they may claim asylum. All legal. Because that right is protected under the treaty we signed, which gives that right the weight of Constitutional law.

What I find interesting is that Trump can't stop the caravan. Not legally. He can use those military forces to help process them, but he can't legally turn them away.

I think we will discover that "law and order" Republicans are only for law and order when it is convenient for them.


  • ...foreigners walking toward the border intending to enter the country illegally is an invasion, that incited an anti-Semite to say "All Jews must die!" while killing Jews in a Synagogue... ...even... more
    • Their Entry Is Not Illegal... — Amadeus, Wed Oct 31 11:44pm
      • Asylum must be at a U.S. port of entry.Quinn, Thu Nov 1 6:02pm
        There are two primary ways in which a person may apply for asylum in the United States: the affirmative process and the defensive process. Asylum seekers who arrive at a U.S. port of entry or enter... more
        • Then There's This...Amadeus, Thu Nov 1 7:35pm
          The Contracting States shall not impose penalties, on account of their illegal entry or presence, on refugees who, coming directly from a territory where their life or freedom was threatened in the... more
          • And right isn't really that dedicated to paying attention to such trivialties from the UN. It guides US policy, which can be changed on a whim...which is what they are doing.
            • The US Is A Signatory To That Treaty...Amadeus, Thu Nov 1 9:05pm
              ...and that gives the treaty the weight of Constitutional law. So while it technically isn't US law, it has the power of it. Amadeus
              • Wherein the UN guidelines inform US policy...HeavyHemi, Thu Nov 1 11:07pm
                how they are implemented is up to the admin and there is quite wide latitude is the point. There's no reason do argue, the numerous court challenges with wins and losses make my point. We've also... more
                • There Is A Difference Between...Amadeus, Fri Nov 2 12:10am
         things are supposed to work and how things actually work because of power dynamics. I certainly do get that. I realize that things are not always done the way they should be done. We have yet... more
                  • Was it in contravention of *our law?HeavyHemi, Fri Nov 2 12:49am
                    As far as I know, no legal authority in the the US made that determination regarding torture. And we're conflating things. The Geneva Convention isn't the same topic in regards to immigration. I'm... more
                    • No, I Figured You Were Aware...Amadeus, Fri Nov 2 8:27am
                      ...based on your post. I was agreeing. I think it's similar in that we've signed onto treaties regarding torture, as well. Amadeus
                    • was legal to use torture techniques under the guise that the "enhanced interrogations" weren't technically torture and involved detainees NOT covered under the Geneva Convention.... more
                      • A Backhanded Acknowledgement...Amadeus, Fri Nov 2 7:02pm
                        ...of the obligations we had - you know, lip service to carefully observing them and toeing the line, but meanwhile, we're doing things that any simpleton understands are in violation of the... more
                      • has decided that either way. So technically, it is still in legal limbo as far as the US law is concerned despite the Geneva convention saying otherwise.
                        • I think there is U.S. legislation...Sia☺giah, Sat Nov 3 12:28am
                          • There is and there was legislation before.HeavyHemi, Sat Nov 3 2:26am
                            Until it's tested at the USSC and certain techniques codified a torture. There's quite a few in the GOP that would like to reverse this.
                • the treaty as they see fit. The meaning of treaties as statute or law, is determined by the courts.
            • Whoops a missing word...HeavyHemi, Thu Nov 1 9:00pm
              And the right,....
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