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Democrats debate the repeal of Section 1325 – what you need to know about the immigration law that criminalizes unauthorized border crossings

Borderzine - Sat, 06/29/2019 - 11:45am

By Kit Johnson, University of Oklahoma

During the first Democratic presidential debate of the 2020 race, former Housing and Urban Development secretary Julián Castro challenged all candidates to join his call for the repeal of a controversial immigration law.

The law, Section 1325 of Title 8 of the U.S. Code, makes entering the United States “at any time or place other than as designated by immigration officers” a federal crime.

It’s among the most prosecuted federal crimes in the United States. Thousands of defendants are charged with violating Section 1325 each month.

The government shouldn’t “criminalize desperation,” Castro argued. Instead, he advocated, it should treat the unlawful entry of undocumented migrants as “a civil violation.” That is, migrants who enter the United States without permission should be deported, not incarcerated.

Castro acknowledged that several other candidates on the stage in Miami, including Sen. Cory Booker, Washington Gov. Jay Inslee, and Sen. Elizabeth Warren, already agree with him.

But others, like former congressman Beto O’Rourke, don’t support Section 1325’s repeal.

“I don’t think it’s asking too much for people to follow our laws when they come to this country,” O’Rourke said.

During the second night of the debates, which featured a slate of another 10 Democratic hopefuls, most of the candidates on stage indicated their support for the measure’s repeal.

The backstory

The United States placed few legal restrictions on crossing borders prior to the 1920s. Even then, entering the U.S. without authorization wasn’t a crime. Deportations could be effected through civil legal process.

With Section 1325, Congress made “improper entry by alien” a crime in 1929 – soon after imposing strict immigration quotas based on national origin.

According to University of California Los Angeles historian Kelly Lytle Hernandez, white supremacist South Carolina Sen. Coleman Livingston Blease was its architect.

Criminal enforcement, however, remained rare for decades – even when the deportation of Mexican Americans surged in the 1930s, 1940s and 1950s. Prosecutions based on Section 1325 only started ramping up in the first decade of this century, during President George W. Bush’s administration.

Staff members from Annunciation House, an El Paso migrant shelter, joined with newly reunited families at a press conference on July 27, 2018 to discuss ongoing efforts to help families that were separated by U.S. border agents. Photo courtesy Robert Moore for Borderzine.com

Family separation

Due to the Justice Department’s current “zero tolerance” policy, anyone who can be charged under Section 1325 should be charged with a misdemeanor. That has, in thousands of cases, included parents traveling with children. Once charged with this federal crime, parents must be taken into the custody of the U.S. Marshals – where children are not allowed.

Based on my research about the federal prosecution of immigration crimes, I’m confident that repealing Section 1325 would not increase the number of undocumented people living in the United States.The White House publicly disowned this policy in June 2018, just days before a U.S. District Court judge ordered the government to reunify all separated families. Yet this practice has continued at the border.

Anyone without authorization to live in this country would continue to be subject to deportation, a remedy the Supreme Court has called “burdensome and severe.”

Kit Johnson, Associate Professor of Law, University of Oklahoma. This article is republished from The Conversation under a Creative Commons license. Read the original article.

Click hear to read Democrats debate the repeal of Section 1325 – what you need to know about the immigration law that criminalizes unauthorized border crossings

Categories: Local Blogs

Open line Saturday

ElPasoSpeak - Sat, 06/29/2019 - 5:00am

Its Saturday so the readers set the agenda today.

We deserve better

Brutus

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Kamala Harris Won the Democratic Debate by Fudging Her Record

US Immigration Reform Forum - Sat, 06/29/2019 - 12:16am
Kamala Harris Won the Democratic Debate by Fudging Her Record


Source: Kamala Harris Won the Democratic Debate by Fudging Her Record

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Reason Magazine Immigration Feed
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Yet More Fear for ?Dreamers?

US Immigration Reform Forum - Sat, 06/29/2019 - 12:16am
Yet More Fear for ?Dreamers?

The Supreme Court does not need to fix DACA for Donald Trump.
Source: Yet More Fear for ?Dreamers?

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T...
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Dems, Please Don?t Drive Me Away

US Immigration Reform Forum - Sat, 06/29/2019 - 12:16am
Dems, Please Don?t Drive Me Away

The dynamic pulling the party leftward.
Source: Dems, Please Don?t Drive Me Away

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The New York Times Immigration ...
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Government Officials So Sorry That Their Own Rules Make Them Leave Kids in Filth

US Immigration Reform Forum - Fri, 06/28/2019 - 12:11pm
Government Officials So Sorry That Their Own Rules Make Them Leave Kids in Filth


Source: Government Officials So Sorry That Their Own Rules Make Them Leave Kids in Filth

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Reason Magazine Immigration Feed
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Debate Dems Wage Intergenerational Warfare and We Are Here for It

US Immigration Reform Forum - Fri, 06/28/2019 - 12:11pm
Debate Dems Wage Intergenerational Warfare and We Are Here for It

[html]In a post-debate quickie podcast, Reason's resident millennial/xennials Peter Suderman, Stephanie Slade, and Katherine Mangu-Ward slice and dice the two nights of Democratic...
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The Democrats' Dumb War Against Charter Schools

US Immigration Reform Forum - Fri, 06/28/2019 - 12:11pm
The Democrats' Dumb War Against Charter Schools


Source: The Democrats' Dumb War Against Charter Schools

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Reason Magazine Immigration Feed
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EPISD pay raise

ElPasoSpeak - Fri, 06/28/2019 - 5:00am

This came in from Dan Wever:

Media people are saying that EPISD teachers to get a 6% raise.  I doubt this but the Superintendents salary is tied to teacher raises and here are his annual increase with 4,5 and 6%. 4% $14,511 5% $18,139 6% $21,766.80 If they get the 6% that will make his base salary $384,546.80 with the $30,000 cash benefits stipend in his contract makes it $414,546.80.  He also gets 35 vacation days which he can and must sell back to the district at his daily rate if not used by end of July.  This makes his vacation days worth $56,182.74which he usually cashes in.  Of course, then you have an $18,000 car allowance and a $14,400 home office annual allowance.  Then you add his retirement (TRS) benefits, Medical and Dental care, 1,000,000 life insurance policy a 20,000 dollar annuity and various other perks. I had said that he was the highest paid superintendent in the State and someone challenged me on the statement showing me the Cypress-Fairbanks Supers salary and then I showed them that that superintendent works 250 days while ours only works 226, however, Cypress guy does have twice as many students. And do not even try to compare what Cabrera spends on social functions, dues, etc…………………………………You cannot! If he sticks around about 10 more years all the students will be gone and the budget will be his salary! 
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Actually, Joe Biden and the Obama Administration Deported More People Than Trump

US Immigration Reform Forum - Fri, 06/28/2019 - 4:21am
Actually, Joe Biden and the Obama Administration Deported More People Than Trump


Source: Actually, Joe Biden and the Obama Administration Deported More People Than Trump

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Reason Magazine Immigration Feed
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Reluctant Anarchist Marianne Williamson: 'If Your Government Does It, That Doesn't Make It Less of a Crime'

US Immigration Reform Forum - Fri, 06/28/2019 - 4:21am
Reluctant Anarchist Marianne Williamson: 'If Your Government Does It, That Doesn't Make It Less of a Crime'

[html]You're not likely to hear a lot of libertarian zingers at tonight's second Democratic primary debate. Fortunately, California self-...
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U.S. Asylum Officers Are Asking a Federal Court To Overturn Trump's 'Remain in Mexico' Asylum Policy

US Immigration Reform Forum - Fri, 06/28/2019 - 4:21am
U.S. Asylum Officers Are Asking a Federal Court To Overturn Trump's 'Remain in Mexico' Asylum Policy


Source: U.S. Asylum Officers Are Asking a Federal Court To Overturn Trump's 'Remain in Mexico' Asylum Policy

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Reas...
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Castro-O’Rourke Tangle on Immigration

EPN - Border Analysis - Thu, 06/27/2019 - 10:00pm
Wednesday night’s Democratic primary debate saw contenders Julián Castro and Beto O’Rourke tangle over immigration. It was the […]
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Julian Castro's Bold Plan to Decriminalize Immigration Changed the Terms of the Debate Last Night

US Immigration Reform Forum - Thu, 06/27/2019 - 7:18pm
Julian Castro's Bold Plan to Decriminalize Immigration Changed the Terms of the Debate Last Night


Source: Julian Castro's Bold Plan to Decriminalize Immigration Changed the Terms of the Debate Last Night

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Reason Mag...
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Overstock CEO Patrick Byrne Used To Hate Donald Trump. Now, He's Kind of a Fan.

US Immigration Reform Forum - Thu, 06/27/2019 - 7:18pm
Overstock CEO Patrick Byrne Used To Hate Donald Trump. Now, He's Kind of a Fan.


Source: Overstock CEO Patrick Byrne Used To Hate Donald Trump. Now, He's Kind of a Fan.

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Reason Magazine Immigration Feed
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<strong></strong><br /><br />The chief

US Immigration Reform Forum - Thu, 06/27/2019 - 7:18pm


The chief justice didn?t buy the explanation for putting a citizenship question on the census.
Source:

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The New York Times Immigration Feed
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How Regular Americans Can Help Reunite Migrant Families

US Immigration Reform Forum - Thu, 06/27/2019 - 7:18pm
How Regular Americans Can Help Reunite Migrant Families

We should stay outraged until all children are back with their parents and family separation is abolished.
Source: [url=https://www.nytimes.com/2019/06/27/opinion/border-family...
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The Travel Ban Shows What Happens When the Supreme Court Trusts Trump

US Immigration Reform Forum - Thu, 06/27/2019 - 7:18pm
The Travel Ban Shows What Happens When the Supreme Court Trusts Trump

A cautionary tale for the census case before the Supreme Court.
Source: The Tr...
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5 anime shows not named Dragonball you should watch

Borderzine - Thu, 06/27/2019 - 2:19pm

Anime is a style of film and television animation, typically aimed at adults as well as children. The Dragonball series is arguably the most popular of the genre today. The list below is for the anime novice that is interested in watching anime, but does not know where to begin. The order does not necessarily mean rank.

1. Naruto

Naruto along with the follow up Naruto Shippuden is arguably top 5 anime of all time. If there is an anime that I could recommend that I am almost certain you will like, it has to be Naruto. The show tells the story of Naruto Uzumaki, a young ninja who searches for recognition from his peers and also dreams of becoming the Hokage, the leader of his village. This is the show that really got me into anime and made me want to explore different anime. The only knock on the show I’d have is all the filler episodes that come with it. At the beginning I would just watch them, but then I just got accustomed to skipping them since they didn’t have anything to do with the main storyline. There are episodes currently available to stream on Netflix, Hulu, and Crunchyroll.

2. Attack On Titan

Attack on Titan is hands down my personal favorite. The twists and turns in this show are what got me hooked. Another thing I like about the show is the creepiness that the titans add. Attack on Titan is set in a world where humanity lives in cities surrounded by enormous walls that protect the humans from gigantic man-eating humanoids referred to as titans. The story leaves you wanting to see more and more. Typical of animes, many of their episodes end with cliff hangers. I don’t want to give a lot away, but I 100% believe this show is worth a shot. I was hooked off the ending in Episode 1. There are episodes currently available to stream on Netflix, Hulu, and Crunchyroll.

3. One Punch Man

Never in my life would I have imagined myself enjoying a show with a bald headed hero, but this was all before I watched One Punch Man. The humor in this show reminds me of similar humor found in another popular show, The Office. If I’m not laughing, then I’m enjoying a fight scene. This show tells the story of Saitama, a superhero who is bored from the absence of challenge in his fight against evil and seeks to find a worthy opponent. The message preached throughout the show of sheer hard work and no gimmicks or magic spoke volumes. There are episodes currently available to stream on Netflix and Hulu.

4. My Hero Academia

I tried to start this show once, but I couldn’t really get into it. Then months passed and I decided to really try to watch the show. After really sitting down and taking the time to watch My Hero Academia, the show became one of my sleeper anime. This story follows Izuku Midoriya, a boy born without superpowers in a world where they have become common, but who still dreams of becoming a hero himself. The theme of pursuing your dreams despite all odds is definitely one of the many things that got me hooked to this show. There are episodes currently available to stream on Netflix, Hulu, and Crunchyroll.

5. Hunter X Hunter

When I think of Hunter X Hunter, creativity comes to mind first. The story focuses on Gon Freecss, who discovers that his father – who he was told had left him at a young age – is actually a world renowned hunter. A hunter is a licensed profession that many aspire to be in this anime. Gon goes on a journey to become a hunter and find his father with many growing pains along the way. If you like to think and multiple angles this is a good anime to watch. There are episodes currently available to stream on Netflix, Hulu, and Crunchyroll.

 

Click hear to read 5 anime shows not named Dragonball you should watch

Categories: Local Blogs

1st Democratic presidential debate turns into Texas skirmish as San Antonio’s Julian Castro goes after El Paso’s Beto O’Rourke

Borderzine - Thu, 06/27/2019 - 1:44pm

By Abby Livingston and Patrick Svitek, The Texas Tribune

MIAMI — Home-state tensions flared between Democratic presidential candidates and native Texans Beto O’Rourke and Julián Castro at their party’s first presidential debate Wednesday night, with Castro saying O’Rourke has not done his “homework” on the issue of immigration.

At issue were the inhumane conditions at detention centers for migrants — including Texas — and a photo published Tuesday of the bodies of Salvadoran father Óscar Alberto Martínez Ramírez and his daughter Valeria, both of whom died while trying to cross the Rio Grande to seek asylum in America.

“Watching those images of Óscar and Valeria is heartbreaking, and should also piss us all off … and it should spur us to action,” Castro said, fielding the first question on immigration.

Several other candidates addressed the matter, including U.S. Sen. Cory Booker, pledging to end Trump’s Immigration and Customs Enforcement policies.

Castro, who’s trailing a number of his rivals in polling and fundraising, seized the issue. He interjected with Booker and repeatedly urged the other candidates on the stage to repeal Section 1325 of the Immigration and Nationality Act. That portion of the law, as currently implemented, makes it a crime to cross the border at places other than ports of entry. Castro wants to return to treating the act as a civil offense.

But it was when O’Rourke — who had previously been nudged by the debate’s moderators for not directly answering questions — weighed in that Castro began talking over his fellow Texan.

“We would not turn back Valeria and her father, Óscar,” O’Rourke said, when answering a question on what he would do on his first day as president. “We would accept them into this country. … We would not build walls; we will not put kids in cages.”

Castro then pelted O’Rourke, asking him why he would not support decriminalizing improper border crossings. O’Rourke has expressed unease with the idea, questioning what it would mean for prosecuting criminals like drug smugglers and human traffickers. But Castro has countered that there are already other ways for those people to be brought to justice under current law.

“I just think it’s a mistake, I think it’s a mistake, Beto, and I think if you truly want to change the system, then we got to repeal that section,” Castro said. “If not, it might as well be the same policy.”

O’Rourke countered that as a member of Congress, he introduced legislation “that would ensure that we don’t criminalize those who are seeking asylum and refuge in this country.”

“I’m talking about everybody else,” Castro interrupted, in what quickly escalated into the most heated exchange of the evening. O’Rourke responded that he was attempting a larger rewrite of the country’s immigration laws.

“That’s actually not true. … If you did your homework on this issue, you would know we should repeal this section,” Castro responded.

Jaime Castillo, a spokesman for Castro, acknowledged after the debate that the early campaign has been a struggle.

“It’s no secret that he hasn’t had the media attention other candidates have had. I don’t want to kid a kidder,” he said. “He knew that, and he knew that to make a splash tonight would be his best path to getting more media attention beyond the Texas press and in the national press and also in the fundraising.”

Castillo said the candidate has spent recent weeks preparing for the debate in hotel ballrooms and over conference calls from his campaign headquarters.

I knew it was going to be an issue he was going to be passionate about,” he said. “He’s at a point where he can’t stomach what this administration is doing anymore,” he said. “The caging of kids and human beings on our American soil is too much to stomach for him.”

As for whether Castro knew going into the debate that his moment would involve a fellow Texan, Castillo said it was “not so much for it to be the pivot point.”

But, he added, Castro was well aware of O’Rourke’s position on Section 1325 because of press coverage.

“It was on the mind in terms of he knew there was a clear policy difference,” Castillo said.

The scuffle with Castro was not the only time in the debate that O’Rourke took heat. Early on, New York Mayor Bill de Blasio interjected after O’Rourke made the case for Medicare for America, a proposal that would give government-run health insurance to the uninsured but allow those with private insurance to keep it if they like it.

“Congressman O’Rourke, private insurance is not working for tens of millions of Americans,” de Blasio said. “How do you defend a system that is not working?”

“That’s right, so for those who are not working, they can choose Medicare,” O’Rourke said as de Blasio continued to press his point.

The Texas Tribune is a nonprofit, nonpartisan media organization that informs Texans — and engages with them — about public policy, politics, government and statewide issues. 

Click hear to read 1st Democratic presidential debate turns into Texas skirmish as San Antonio’s Julian Castro goes after El Paso’s Beto O’Rourke

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