First DACA arrest detained

[Ebunoluwa 6,136]

13 hours ago, Merle said:

It's not a law. It's a controversial policy started by the Obama administration.

I hope Eieio is taking notes as my comment was directed to him, he asked if Trump should tell ICE not to enforce the LAW.
With Trump building the plane at the same time  he is flying it no one knows what is up with DACA currently and if the individual did not commit a crime
then the ICE agent who detains him is interpreting DACA with incorrectly.

So far I have seen no proof that he committed a crime. Coming here as a 7 year old is not his crime. Period.

[Boiler 45,769]

He is here illegally and subject to be deported.

 

He is not a child, did you look at the photo?

 

There is a pass in that illegal presence does not start accumulating until you hit 18.

[Ebunoluwa 6,136]

46 minutes ago, Boiler said:

DACA is not a status, I can think of no reason why he should not be deported.

It most certainly is temporary protected status and therefore anyone under DACA (except if they have committed a crime) is not deprtable

at this time. Ask Trump what he wants to change and if he has a new DACA policy. No change has been implemented, therefore it stands.

 

[Ebunoluwa 6,136]

13 hours ago, Boiler said:

He is a Gang Banger.

 

Not an immigrant, he is here illegally.

 

Not sure you needed a work permit to be a gang banger.

Show me gang banger proof.

He is under protected DACA status.

 

 

[Ebunoluwa 6,136]

13 hours ago, cyberfx1024 said:

Yes he did commit a crime because he is here Illegally. He also might not have had the actual card on him so they took him in to check his status. He will more than likely be released once his status is clear.

No he did not commit a crime by being brought her at 7. Since he is here under DACA protected status he is obviously not committing a crime.
I do not get what is so hard to understand about this.

[Boiler 45,769]

TPS is different to DACA, I suppose it is possible to have both.

 

Show me where it says he is a child?

[Ebunoluwa 6,136]

10 minutes ago, Boiler said:

He is here illegally and subject to be deported.

 

He is not a child, did you look at the photo?

 

There is a pass in that illegal presence does not start accumulating until you hit 18.

1. No. The whole point of DACA is that he is protected.
2. And ? Irrelevant.

 

[Ebunoluwa 6,136]

40 minutes ago, Boiler said:

Age limit to apply for DACA is 31.

Your point is ?

[Ebunoluwa 6,136]

4 minutes ago, Boiler said:

TPS is different to DACA, I suppose it is possible to have both.

 

Show me where it says he is a child?

He is an adult and not a child as we all know. If he applied by age 31 and met the other requirements for DACA then he is under DACA protection.
DACA is a temporary protected status.

[Boiler 45,769]

Q1: What is deferred action?
A1: Deferred action is a discretionary determination to defer a removal action of an individual as an act of prosecutorial discretion. For purposes of future inadmissibility based upon unlawful presence, an individual whose case has been deferred is not considered to be unlawfully present during the period in which deferred action is in effect. An individual who has received deferred action is authorized by DHS to be present in the United States, and is therefore considered by DHS to be lawfully present during the period deferred action is in effect. However, deferred action does not confer lawful status upon an individual, nor does it excuse any previous or subsequent periods of unlawful presence.

Under existing regulations, an individual whose case has been deferred is eligible to receive employment authorization for the period of deferred action, provided he or she can demonstrate “an economic necessity for employment.” DHS can terminate or renew deferred action at any time, at the agency’s discretion.

Q2: What is DACA?
A2: On June 15, 2012, the Secretary of Homeland Security announced that certain people who came to the United States as children and meet several key guidelines may request consideration of deferred action for a period of two years, subject to renewal, and would then be eligible for work authorization.

Individuals who can demonstrate through verifiable documentation that they meet these guidelines will be considered for deferred action. Determinations will be made on a case-by-case basis under the DACA guidelines.

Q3: Is there any difference between “deferred action” and DACA under this process?
A3: DACA is one form of deferred action. The relief an individual receives under DACA is identical for immigration purposes to the relief obtained by any person who receives deferred action as an act of prosecutorial discretion.

Q4: If my removal is deferred under the consideration of DACA, am I eligible for employment authorization?
A4: Yes. Under existing regulations, if your case is deferred, you may obtain employment authorization from USCIS provided you can demonstrate an economic necessity for employment.

Q5: If my case is deferred, am I in lawful status for the period of deferral?
A5: No. Although action on your case has been deferred and you do not accrue unlawful presence (for admissibility purposes) during the period of deferred action, deferred action does not confer any lawful status.

The fact that you are not accruing unlawful presence does not change whether you are in lawful status while you remain in the United States. However, although deferred action does not confer a lawful immigration status, your period of stay is authorized by the Department of Homeland Security while your deferred action is in effect and, for admissibility purposes, you are considered to be lawfully present in the United States during that time. Individuals granted deferred action are not precluded by federal law from establishing domicile in the U.S.

Apart from the immigration laws, “lawful presence,” “lawful status” and similar terms are used in various other federal and state laws. For information on how those laws affect individuals who receive a favorable exercise of prosecutorial discretion under DACA, please contact the appropriate federal, state or local authorities.

 

If somebody has TPS they can not apply for DACA.

[Ebunoluwa 6,136]

57 minutes ago, LionessDeon said:

  We are all created equal.  Whether you agree with these deportations or not, rejoicing in someone else's misfortune says alot about your character.

Some Murikans are getting a rise out of other's misfortunes and the only language, tone and actions they understand are from extreme

authority. Makes one wonder what happened in their childhood. These people can not think in hammering out in policy the 50 shades of grey

in between the black and white for the benefit of this country. Get 'em all out now is all they understand. As Trump always says "sad".

Heck, even Trump says he does not like to break up families. You know family values and all that.

[CaliCat 3,957]

6 minutes ago, Ebunoluwa said:

Some Murikans are getting a rise out of other's misfortunes and the only language, tone and actions they understand are from extreme

authority. Makes one wonder what happened in their childhood. These people can not think in hammering out in policy the 50 shades of grey

in between the black and white for the benefit of this country. Get 'em all out now is all they understand. As Trump always says "sad".

Heck, even Trump says he does not like to break up families. You know family values and all that.

 

In this case, there is the humanitarian aspect, of sending this your man back to a country he doesn't know. For all purposes and intent he is an American. This country is the only country he has known and lived in. No judge will sign off on a deportation order like this.

[Ebunoluwa 6,136]

3 minutes ago, Boiler said:

Q1: What is deferred action?
A1: Deferred action is a discretionary determination to defer a removal action of an individual as an act of prosecutorial discretion. For purposes of future inadmissibility based upon unlawful presence, an individual whose case has been deferred is not considered to be unlawfully present during the period in which deferred action is in effect. An individual who has received deferred action is authorized by DHS to be present in the United States, and is therefore considered by DHS to be lawfully present during the period deferred action is in effect. However, deferred action does not confer lawful status upon an individual, nor does it excuse any previous or subsequent periods of unlawful presence.

Under existing regulations, an individual whose case has been deferred is eligible to receive employment authorization for the period of deferred action, provided he or she can demonstrate “an economic necessity for employment.” DHS can terminate or renew deferred action at any time, at the agency’s discretion.

Q2: What is DACA?
A2: On June 15, 2012, the Secretary of Homeland Security announced that certain people who came to the United States as children and meet several key guidelines may request consideration of deferred action for a period of two years, subject to renewal, and would then be eligible for work authorization.

Individuals who can demonstrate through verifiable documentation that they meet these guidelines will be considered for deferred action. Determinations will be made on a case-by-case basis under the DACA guidelines.

Q3: Is there any difference between “deferred action” and DACA under this process?
A3: DACA is one form of deferred action. The relief an individual receives under DACA is identical for immigration purposes to the relief obtained by any person who receives deferred action as an act of prosecutorial discretion.

Q4: If my removal is deferred under the consideration of DACA, am I eligible for employment authorization?
A4: Yes. Under existing regulations, if your case is deferred, you may obtain employment authorization from USCIS provided you can demonstrate an economic necessity for employment.

Q5: If my case is deferred, am I in lawful status for the period of deferral?
A5: No. Although action on your case has been deferred and you do not accrue unlawful presence (for admissibility purposes) during the period of deferred action, deferred action does not confer any lawful status.

The fact that you are not accruing unlawful presence does not change whether you are in lawful status while you remain in the United States. However, although deferred action does not confer a lawful immigration status, your period of stay is authorized by the Department of Homeland Security while your deferred action is in effect and, for admissibility purposes, you are considered to be lawfully present in the United States during that time. Individuals granted deferred action are not precluded by federal law from establishing domicile in the U.S.

Apart from the immigration laws, “lawful presence,” “lawful status” and similar terms are used in various other federal and state laws. For information on how those laws affect individuals who receive a favorable exercise of prosecutorial discretion under DACA, please contact the appropriate federal, state or local authorities.

 

If somebody has TPS they can not apply for DACA.

Glad you are looking it up.
I did not say that it is a lawful status, I said it is a protected status but lawfully present and therefore NOT deportable.
There is TPS and there is DACA. Both are protected status.

There are apples and oranges. Both are fruit.

[Transborderwife 4,666]

3 minutes ago, CaliCat said:

 

In this case, there is the humanitarian aspect, of sending this your man back to a country he doesn't know. For all purposes and intent he is an American. This country is the only country he has known and lived in. No judge will sign off on a deportation order like this.

There's rumors circulating that ICE  has until tomorrow to produce evidence that he's in a gang, if not he's released.

[Umka36 781]

2 minutes ago, Transborderwife said:

There's rumors circulating that ICE  has until tomorrow to produce evidence that he's in a gang, if not he's released.

Good. That's how it should be.