Loopholes Prevent Removal Of Dangerous Criminal Aliens

WHAT: Loopholes in our immigration system created by judicial rulings have made it nearly impossible to remove many criminal aliens.

In drafting the Immigration and Nationality Act (INA), Congress included that criminal aliens convicted of any number of serious offenses referred to as aggravated felonies should be subject to immigration consequences. Federal courts, however, have created loopholes that prevent some serious criminal convictions from qualifying as aggravated felonies under the INA. As a result, the government is often unable to use the only grounds available to remove many criminal aliens.

For example, in California, a criminal alien found guilty of voluntary manslaughter, robbery, or child abuse would not necessarily be considered an aggravated felon. In Texas, a criminal alien convicted of aggravated assault, deadly conduct, or causing injury to a child, elderly individual, or disabled individual would not necessarily qualify as an aggravated felon. In Oklahoma, a criminal alien convicted of forcible sodomy or assault and battery on a police officer would not necessarily classify as an aggravated felon. As the law currently stands, no burglary crimes in California, Iowa, South Carolina, Oregon, Michigan, and Florida would qualify as an aggravated felony. Due to these judicially-created loopholes, criminal aliens convicted of these egregious crimes could potentially remain in the country.

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Efforts to remove criminal aliens were further hamstrung by a recent Supreme Court decision that found unconstitutional a legal provision that was used to define which “crimes of violence” constitute aggravated felonies. In effect, the ruling invalidated a law that empowered Federal authorities to remove many violent felons from our communities.

WHY: Congress must take swift action to close loopholes in our immigration system that threaten the safety and security of American communities. 

President Trump has repeatedly called on Congress to close the judicially-created loopholes in our immigration system, including the aggravated felony loophole, in order to help keep Americans safe. In October 2017, the Administration released its immigration priorities which called on Congress to clarify the aggravated felony definition. The Administration also endorsed a bipartisan proposal this February which would have fixed the aggravated felony loophole.

Calls to fix to the aggravated felony definition have been further echoed by numerous Federal judges. For example, a judge on the Ninth Circuit described the current system as “bizarre and arbitrary” and noted it allows criminals to “escape the consequences that Congress intended.”

Congress needs to act, plain and simple. Without a legislative fix, Federal authorities will remain unable to remove violent criminal aliens, jeopardizing the safety and security of our communities.

Shared from Whitehouse.gov

RELATED: White House Calls Out Congressional Inaction On Immigration Loopholes

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Sandra Lee Smith
Sandra Lee Smith
2 years ago

SHUT the judiciary down; make them toe the Constitutional mark! They do NOT have the authority to do those things and allowing them to grab that power unconstitutionally is hurting AMERICA!

Martin
Martin
2 years ago

Congress is to busy trying to pass a law that would prohibit President Trump from firing Mueller. even though he say won’t. So why should be concerned about securing our border and fixing our illegal immigration problem.

Tom Edwards
Tom Edwards
2 years ago

Is the name Illegal enough to boot their asses out! That should be the only thing needed

William Newton
William Newton
2 years ago

Why cant we find out why it isn’t being corrected and WHO is responsible for the holdup?
Name the individuals so that action by the Voters can move to remove them!!!!!

Eldor Luedtke
Eldor Luedtke
2 years ago

How about this, are you a citizen, no? Have a current green card, no? Have valid visa visiting, no? GOOD-BYE

Maybe if someone actually enforced the law and started cleaning them all out someone on the left would decide it’s time to fix things so the clean sweep is not needed. They broke the law being here, that is all that is needed to deport.

Fred
2 years ago
Reply to  Eldor Luedtke

Mr. Eldor Luedtke, Werd, Point Blank, Wurd, No Ifs And Or Butts, Word, With A String Of Exclamation Marks !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

Mike Leyden
Mike Leyden
2 years ago
Reply to  Fred

BTW, my family came to this beloved country, learned the language and respect OUR laws. I love America!

Mike Leyden
Mike Leyden
2 years ago
Reply to  Eldor Luedtke

Makes perfect sense to me. I thought I was the only one who has common sense.

tess daless
tess daless
2 years ago
Reply to  Eldor Luedtke

you are so right with you comment – I’m sick of this bullcrap that refugees, illegals whatever you want to call them have these so called “rights” no get them the hell out of this country. Do any of these effin politicials and judges have a brain. NO we’ve got to pull together to get them out of here and not let them back in.

Dean Fileccia
Dean Fileccia
2 years ago
Reply to  Eldor Luedtke

Get the DEMS/RINOS out of politics…………They have been turning their backs & empty heads on this situation for too many decades…….Its finally very fitting that we are now aware of those politicians that do not give a rat’s rump about the legal citizens of the USA…

Robert Borger
Robert Borger
2 years ago

Good Work

Robert Borger
Robert Borger
2 years ago

Keep up the Goodwork

Robert Borger
Robert Borger
2 years ago

Keep up the good work

Kathy
Kathy
2 years ago

Totally agree….get rid of all of them if the answers to those questions are no…leave our country or better still, you cannot enter. Mr. Trump can use executive orders to prevent this from happening as it stands now.

Marc Jeric
Marc Jeric
2 years ago

Democrats under the direction of B. Hussein Obama (our Marxist Muslim half-breed President from Kenya) provided legal protections for 820,000 DACA recipients and their families. These young illegals were transported by a large fleet of pre-paid busses traversing the entire length of Mexico before being received by our border guards and distributed all over the 48 states. My question – who paid for those busses, their drivers, gas and oil, tires, and maintenance? On arrival here they were subjected to showers, given new suits and dresses, then fed and sent to medical exams and required to report to immigration agents’ registration. Following those procedures they were distributed all over the 48 states for further receptions and awards of money, housing and food stamps. After a few months of acclimatization these youngsters will be able to invite their brothers and sisters and cousins as well as parents, grandparents, uncles and aunts to be registered for medical and unemployment benefits, Social Security pensions, and housing and health care benefits. Then they will be instructed how to vote – exclusively for their benefactors, i.e., Democrats.

Dan
Dan
2 years ago
Reply to  Marc Jeric

And they cannot even take care of our own elderly, seniors, who fought the wars to give these Democrat a**sholes to defend all these illegals. Shameful and disgusting. In my eyes they are all traitors to this country.

Irene L. Mills
Irene L. Mills
2 years ago
Reply to  Marc Jeric

I CAN’T believe that by using the word “illegal” it is laid at the feet of the Mexicans! They are NOT the ONLY illegals!! As a matter of fact, it’s CENTRAL & SOUTH AMERICANS that are MOST of these ILLEGALS! Just because they speak the SAME LANGUAGE DOESN’T make them MEXICANS!!! Look out for the REAL threat to our country which are country’s like Columbia, Venezuela, El Salvador, etc! The ones that ARE deeply involved in the DRUG trade!!! Mexico doesn’t compare to the the amount of DRUGS transported here that the above mentioned countries USE Mexico to take the blame for them!!!

raygun
raygun
2 years ago

To hell with the dead weight demowits. Put a photographer at all court exits and take their picture. Then post it in the public viewing area. That will put a target on their carcass.

Joseph Toorian
Joseph Toorian
2 years ago

Sounds Fair and Good To Me .

Joe Smallie
Joe Smallie
2 years ago

We elected President Trump to rid America of ALL ILLEGAL INVADERS (they are not immigrants) Any members, from both houses, that refuse to comply with the President and legal American voters wishes by Sept/Oct timeframe, (with no amnesty clause) we will know for sure the Liberal Democrats and RINOs have no intention of removing them at all, so we must elect someone to Congress who will support our President.

tess daless
tess daless
2 years ago
Reply to  Joe Smallie

my feeling is that if obama and democrats and congress just waltz in and do what they want then President Trump should be able to undo their mess without any problems. who are these people for? it’s not our citizens.

CrustyOldGeezer
CrustyOldGeezer
2 years ago

Just load up the offensive JUST-US’s that made their UNCONSTITUTIONAL decisions, drop them off in Guantanamo Naval Base for WATERBOARDING on suspicion of TREASON as an undercover agent of a foreign power or group intent on undermining the LAWFULLY ELECTED Administration.

We ARE in an ‘undeclared WAR’, but declared or not, WE ARE AT WAR!

IF they are innocent, they get to see their families again.

IF not their families will declared them kidnapped and murdered by some nefarious right wing cabal with no proof of anything.

Sharks, 300 miles offshore are always hungry!

Dropping them out at 30000 feet gives them time to consider where they went wrong, and the splash at the bottom tenderizes the food and announces to the shark that dinner is served.

Louis J Apa
2 years ago

These loopholes, set into place by wicked Democrats in the last administration, MUST be eliminated NOW! They are designed to defeat all the efforts The POTUS, Mr. Trump, wants to achieve to protect America and Americans from illegal immigration!

quasimodo
quasimodo
2 years ago

what i do not understand is, they are all here illegally and subject to being deported, why does how they recognize a violent felony matter? they are all subject to being deported no matter if they have been convicted of a crime inside the united states or not and the whole mess about determining if a felony is violent or not is just a means to assign law enforcement personel, the violent ones they put more man power on and the ones that have not committed crimes since they entered the united states gets very little man power expended on them, this should not make any difference on if the person can be deported or not it should only matter on how they allocate man power, why is the court system even looking into this or making decisions about who can and can not be deported, all illegal entrants to this nation are subject to being deported period! i guess i am confused as to why these decision by the court changes anything.

Jumping Jack Flash
Jumping Jack Flash
2 years ago

We often hear that there are not enough IC Judges to hear all of the cases. As a practicing attorney I would love to have the opportunity to learn the law, hear and decide such cases on a voluntary basis, and I am sure there are many others who would do likewise. As a matter of fact I did process a number of visa-related cases during my career.

Jumping Jack Flash
Jumping Jack Flash
2 years ago

We could “serve our country” similar to the service given by our armed forces!

Adrian N Auuckerman
Adrian N Auuckerman
2 years ago

What is so hard to understand, these type people should not be here in the first place, they came across the border illegally. They didn’t follow the law as it pertains to immigration, therefore they have no rights under the law. I don’t know what’s wrong with our system except it’s screwed up, protect the criminal and forget the victim. If this happened in any other country just see how long it would take to take care of the issue. I say stop playing around with these people get rid of them we don’t need them in this country and any state that protects them the feds should cut off their funds. I am a citizen if I would commit a crime, they would not think twice about punishing me, our military and police get punished for doing their job, but the criminal get’s handled with kid gloves, what a crock.

Robert Hahn
Robert Hahn
2 years ago

Americans (that EXcludes obummer): evict ALL illegals, NO release into OUR Country, evict them all ! None of this bogus “asylum” from illegals-to-be. Such is BS ! All the illegals are targeting freebies to suck down on welfare ! They are all liabilities and moochers to OUR Country !

Dennis Stewart
Dennis Stewart
2 years ago

Fluck the Courts.

TEXAS SON
TEXAS SON
2 years ago

What other country puts up with NONSENSE (and I am being very nice)? I can’t believe how UTTERLY STUPID we are for putting up with this! We have every right to prevent ILLEGALS from crossing our border. They do NOT respect our border and our immigration laws…they’re CHEATERS!!! I am PRO LEGAL IMMIGRATION ONLY!. I sincerely appreciate all that President Trump has done to DETER illegal immigration, but Congress needs to get off its AZZ and fix this problem ASAP. I am so discouraged with the federal government, especially the pervasive CORRUPTION the exists in the D.C. SWAMP. With all the divisions within our country now, I foresee another civil war. If TEXAS decides to secede, I will support that decision. This CRAP with ILLEGAL IMMIGRATION cannot continue!!

TEXAS SON
TEXAS SON
2 years ago

What other country puts up with NONSENSE (and I am being very nice)? I can’t believe how UTTERLY STUPID we are for putting up with this! We have every right to prevent ILLEGALS from crossing our border. They do NOT respect our border and our immigration laws…they’re CHEATERS!!! I am PRO LEGAL IMMIGRATION ONLY!. I sincerely appreciate all that President Trump has done to DETER illegal immigration, but Congress needs to get off its AZZ and fix this problem ASAP. I am so discouraged with the federal government, especially the pervasive CORRUPTION that exists in the D.C. SWAMP. With all the divisions within our country now, I foresee another civil war. It’s just a matter of time.If TEXAS decides to secede, I will support that decision. This CRAP with ILLEGAL IMMIGRATION cannot continue!!

Edward Leckey
Edward Leckey
2 years ago

I really doubt that Congress will do anything! Drain The Swamp (Both Party’s)!

IOND
IOND
2 years ago

NAFTA has created extraordinary financial opportunities for Mexico that have been used over the past 20 years to accelerate the Mexicanization process in the US, where Mexico has added in recent years a process of hispanization that will accelerate Mexican dominance in the social, economic and political space with catastrophic consequences for the US existence . All the financial possibilities created by NAFTA for Mexicans made it possible to buy or install hundreds of politicians and judges who are today the biggest enemies of the US administration, those who exploit to the maximum the existence of loopholes created during NAFTA! .

james karalis
james karalis
2 years ago

IOND said it all !

Richard
2 years ago

It will not happen during this session of Congress, the elitist establishment want amnisty and until that happens nothing changes.

Original Anna
Original Anna
2 years ago

I didn’t know that the Constitution gives illegals rights to our courts or rights to anything that the Constitution gives to citizens. Don’t these judges in our court system ever read the Constitution and if they have read the Constitution where is their comprehensive or explanation of the wording of the Constitution coming from. Illegals are illegals with no rights to our court system or to taxpayer money through the gov’t programs they are given access to freely including our public school systems, again, paid for by the taxpayer not by these illegals. What the. These judges need to come up with better interpretations of the Constitution that sound right instead of some cheesy excuse for allowing these illegals to illegally climb on the backs of our taxpayers meaning citizen’s backs and keep us from improving our lives.

Tom
Tom
2 years ago
Reply to  Original Anna

Obama probably appointed these liberal judges, one thing about Obama, he was smart and conniving, but he is a Muslim and the whole Obama family hates America, and Michelle said that when Obama was first elected, I heard her say right after Obama was sworn in, and I quote “I guess now that Obama is the President of the United States, we will have to guit hating America”.

Tom
Tom
2 years ago

Our biggest mistake was ever electing Obama, he’s the one that opened our borders and let these illegal aliens run across our border, and he made our border patrol leave the illegals alone. Obama was the worst thing that could have ever happened to the United States, but what can you expect from a Muslim, he knew what he was doing, that’s why he never let us know he was a Muslim until it was too late to stop him. Maybe Trump can fix it, but we just need to keep him in the White House until it’s , and I hope we never get another Democrat in the White House again.

John Furlong
2 years ago

ILLEGAL is the crime, deport them ALL don’t wait until they commit additional crimes!

Donald Mccormick
Donald Mccormick
2 years ago

OUR deportation system is SO much of a MESS that people can come here ILLEGALLY and can NOT be deported even if they are CAUGHT RED handed trying to KILL SOMEBODY and they are then almost FREE because they are here ILLEGALLY and the LAW says they can NOT be touched because they are here ILLEGALLY according to the MESSED up immigration LAWS.

Eddie Byrn
Eddie Byrn
2 years ago

If a person is in the US without a valid visa or other documentation showing they are here with permission, then they are here illegally and are subject to deportation. No ifs, ands or buts. It doesn’t matter whether they are here for one day or 30 years. Felony crime or not. Here illegally, deport. What is not simple about that? Also, the practice of granting US citizenship to children of illegal aliens born on US soil must stop now. If a child of illegal alien(s) is born on US soil, then that child is also an illegal alien. Simple.

Ricardo Parks
Ricardo Parks
2 years ago

We are long past the point where judges who are irresponsible in their duties and commit malfeasance in office should be removed from the bench. We have a whole Deep State cadre of judges at the Supreme Court, District Court, Federal and State levels who foul up the Constitutional judicial works by playing “President for a Day” or “Congress for a Day”. These irresponsible judges make judgements that are politically motivated, border on the criminal and they should be presented with charges after immediate removal from the bench and suspension of their law licenses. They assume authority that they do not have and should be made to pay for their unconstitutional actions.

RK
RK
2 years ago

all these negative anti-American actions are the democrat party in play for votes ….
sharing: The Truth about the democrat party everyone needs to know…. LBJ, the Left, and civil rights…. LBJ EXPOSED! The secret history of President Lyndon B. Johnson.
LBJ’s: recorded call to a governor, telling him the real reason why he promoted and supported the Civil Rights Acts of 1964. LBJ: “Hell, we’ll have those [email protected]@ers voting democratic for the next two hundred years!”

President Lyndon B. Johnson, the creator of the so-called “Great Society,” said, “I’ll have those ni–ers voting Democratic for the next 200 years.”

President Bill Clinton, also known as “Slick Willie,” said, “A few years ago, [Barack Obama] would have been getting us coffee.”

This leads me to Elbert Guillory’s Lie No. 2: Democrats are the champions of civil liberties.

The Democrats have done a great job of lying and convincing every American that they are the party of civil rights, but nothing could be further from the truth.

The real history that Democrats don’t want you to know is documented well by Guillory, whom I am going to quote at length because it is so good and historically insightful:
1.The Democratic Party created the Ku Klux Klan (KKK) after the Confederacy’s defeat in the Civil War. An estimated 3,446 black Republicans and 1,297 white Republicans were lynched by the KKK between 1882 and 1968.
2.Jim Crow segregation laws in the South were created by Democrats looking to overturn Republican civil rights laws.
3.Democrats supported the Dred Scott Supreme Court decision that said, “a negro whose ancestors were imported into the U.S., and sold as slaves,” whether enslaved or free, could not be an American citizen. The decision was 7-2 with all seven Democrat judges voting in favor and the Republican and Whig dissenting.
4.Immediately after taking office in 1913, President Woodrow Wilson (D) fired most blacks who worked in the federal government and re-segregated the Treasury Department, Mail Service and the Navy.
5.George Wallace (D) stood in front of the Alabama schoolhouse in 1963, fighting to keep segregation permanent.
6.Democratic public safety commissioner Eugene Connor in Birmingham, Alabama, unleashed attack dogs and turned the fire hoses on civil rights demonstrators.

This is just the tip of the iceberg of the Democrats’ racist history. As much as Democrats don’t want black Americans to know about this, they really don’t want you to know that the Republican Party is the real party of civil rights. Somehow Democrats have whitewashed history to cover up the facts.
1.The Republican Party was founded in 1854 as an abolitionist movement with one simple creed: Slavery is a violation of the rights of man.
2.Famous African-American abolitionist Frederick Douglass calls the Republicans the “party of freedom and progress”
3.The first Republican president was Abraham Lincoln – the author of the Emancipation Proclamation. Freeing the slaves was a big deal, much to the horror of Democrats. [Interestingly, commemorated this week on March 13, 1865, “with the main Rebel armies facing long odds against must larger Union armies, the Confederacy, in a desperate measure, reluctantly approves the use of black troops,” though did not free them as a result of their service.]
4.Republicans in Congress authored the 13th, 14th and 15th Amendments to the U.S. Constitution. Congressional Republicans unanimously backed the 13th Amendment banning slavery while 63 percent of Democrats senators and 78 percent of Democrat House members voted against it.
5.Ninety-four percent of Republican senators and 96 percent of Republican House members voted in favor of the 14th Amendment, guaranteeing due process of law to blacks and all Americans. All congressional Democrats voted against it.
6.Nearly all congressional Republicans voted in favor of passing the 15th Amendment guaranteeing blacks the right to vote. Every single Democrat voted “no.”
7.President Dwight Eisenhower (R) championed the Civil Rights Act of 1957 and was unanimously supported by Republicans. Democrats in the Senate filibustered it.

Now that you know the true history of the Republicans and Democrats, and who the real racists are, it is time you reevaluate all of this and become a Republican.

Or as Guillory put it in his heartfelt wish for all his black brothers and sisters: “After reading this, I pray you’ll join me today by rejecting your modern day slave masters and abandon the Democratic plantation and party of disappointment while turning to the true party of freedom – the party of Frederick Douglass, Abraham Lincoln, and Dr. Martin Luther King, Jr.”

Read more at http://new.wp.wnd.com/2018/03/brainwashing-african-americans/#P9PKKO17Lm6f63Fb.99