Didn't see this in notables. Sorry if previously posted. This is HUGE! If the AG's office can do this why did Jeff Sessions not do it for two whole years?
ARTICLE STARTS HERE:
"Immigration judges cannot release migrants who are caught sneaking into the United States, even if the migrants ask for asylum, says a binding legal decision by Attorney General William Barr. The decision will dramatically shift the migration-caused civic and housing crises from the nation’s blue-collar communities over to the Congress and the Department of Homeland Security, whose budget and detention centers only have enough resources to house about 50,000 people year-round.
“The [text of the relevant] Act provides that, if an alien in expedited proceedings establishes a credible fear, he “shall be detained for further consideration of the application for asylum,” says Barr’s April 16 decision, titled. Matter of M-S-. Because of the law, “I order that, unless DHS paroles the respondent under section 212(d)(5)(A) of the Act, he must be detained until his removal proceedings conclude.” “This is a HUGE ruling that will harm thousands seeking protection from persecution at the US border since far more will be held in detention even after passing the threshold screening under the credible fear standard,” complained Greg Chen, director of government relations at the American Immigration Lawyers Association.
The association’s lawyers make their money by guiding migrants and corporate hiring managers through the extremely dense network of migration laws and regulations. But Barr’s decision blocks the use of a common path for migrants who are trying to get through the courts and into the U.S. jobs they need to repay the smuggling fees they owe to the cartels. Barr directed officials to delay implementation of the law for 90 days, giving DHS managers — and congressional leaders — three months to decide which migrants should be released into the nation’s cities and towns. The delay gives time for DHS to set up tent cities where migrants can be held until the judges decide the asylum pleas. If DHS detains most of the migrants — and so prevents them from working — the next wave of migrants may decide that any effort to get into the United would be an economic disaster for their families.
Barr’s decision is part of a large legal battle of move-countermove between President Donald Trump’s deputies and the many pro-migration progressive judges in the federal courts. Massive resistance by those judges has blocked and delayed many of Trump’s policies, but Trump’s deputies are expected to win most of the decisions if and when the U.S. Supreme Court decides to rule on each dispute. Barr’s new ruling does not apply to the many “UAC” migrant minors who are being smuggled northwards by parents living illegally in the United States. It also does not apply to migrants who walk up to the nation’s official ports of entry to ask for asylum. But the ruling will apply to the huge number of migrants who cross the borderline away from the ports of entry. Those migrants must now be held for many months — or even years — unless DHS leaders formally release the migrants. The decision ensures that migration judges’ preference — and migration lawyers’ pleadings — will not allow the illegal migrants to be released on bonds which are often a tiny fraction of the economic value gained by the migrants from working illegally in the United States.
However, the decision also raises the incentives for migrants to legally apply for asylum through the formal process at the ports of entry, instead of trying to sneak past the border patrol. The decision does not overcome the 2015 Flores decision by the Ninth Circuit Court of Appeals in California, which forces DHS to release migrants who bring children. Federal agencies, however, are drafting a regulation that may bypass that court Flores ruling. The AG’s decision is based on the treatment of a migrant from India, who is part of a small but fast-growing stream of very cheap laborers who are being hired by the growing population of Indian legal immigrants. According to Barr:
The respondent here is a citizen of India. He traveled to Mexico and crossed illegally into the United States. He was apprehended within hours about 50 miles north of the border. DHS placed him in expedited removal proceedings.
[ARTICLE TRUNCATED]
Migration lawyers complained bitterly about the Barr decision:
https://www.breitbart.com/politics/2019/04/16/attorney-general-barr-blocks-catch-and-release-by-migration-judges/