New Immigration Decree, Long Life To King Macri!

[Ceviche]

Very well written post by Ben, as right above.

 

[Mitch]

The decree is inconstitutional but for to enforce the law, legal representation is going to be needed.

How judges are going to beheave it is dificult to say but they cannot declare that it is inconstitutional without a lawyer asking for it.

The main issue is not the change in the citizenship law, it is regarding immigration because it allows arrest and deportation without deportation order neither judge control and defence right.

What my strategy is going to be, I cannot disclosure but this is why I decided to loose my ticket for my vacations in Japan and I stayed in BA.

Do you think you can help keep Christina out of the cage she might end up in for her crimes?

 

[Bajo_cero2]

It is perfectly reasonable for a society to wish to help its vulnerable members, but to not wish to extend that to the population of the entire world. It is the reverse which is unreasonable.

You need to be an inhabitant for being entitle to the help you mention.

It has nothing to do with reasonability because this is the only country where the immigration politic is in the National Constitution. So, for changing it, you need to change the National Constitution.

1. The same as with social assistance, applies to crime. It is perfectly reasonable for a country to accept that it has to deal with its own criminals, and but not want to deal with foreign ones. That means country's tolerance for crime is by definition much higher with its existing citizens than with immigrants.

Here you are missundertanding the debate and what is going on.

1. In this country people have rights because they are human beings.
2. What we know as human rights was developed by first time at the argentine National Constitution.
3. This Decree has nothing to do with criminals, as I pointed before, it allows deportation for any infaction to the immigration law and most of them are defined by race, nationality and /or ethnicity;
4. The decree creates fake criminals for deporting honest immigrants.
5. As far as the procedure at the decree banns any control from Court, it is clear this is going to be used as a tool for ethnic cleansy because this administration is explicit about that they want to clean the country from Chinese, Bolivians, Peruvians, Paraguayans, whoever who is not of white race.

How the numbers compare does not really matter; a country does not have to accept a given percentage of criminal immigrants just because it has some percentage of criminals of its own. Right?

You always have criminality.

2. It is absolutely possible to identify specific subsets of the immigrant population as being responsible for a disproportionate amount of the crime. Disproportionate both relative to the local population, and other immigrant groups. To stick to generalities (for example crime rates of all immigrants) is to be dogmatic, and for a government to do so is to shirk its responsibility.
If more people coming from Miami tend to be involved with crime than people from Colombia, it is a perfectly normal thing to scrutinize more closely the people coming from Miami.

There is no debate about that, they have wide freedom to accept of reject people at customs.

The problem is once people is here because they have defence rights and deportation is only allowed by Supreme Court when someone is a risk for public safety.

What I did say, is to draw a distinction between a time when the main goal was getting the land settled (and - let's not forget this - getting the indigenous population under control), and a time when the land is more than settled, and there is a substantial amount of people who are coming to take advantage of the welfare state, subsidized by the existing taxpayers. .

Well, this is precisely what Peron said when he enacted the Constitution of 1949 and, since then, this country economy began its decandency because population is an assset and this country is underpopulated.

If you read the debate Sarmiento / Alberdi, they agree that we need 100.000.000 people before to even start thinking about restricting immigration.

In fact, when the US changed the immigration law making it restricted, it was in 1924 when they already had 114.000.000 people while the genious of Peron restricted immigration when we had 16.000.000 inhabitants.

So, Argentina commited suicide and its explains it economy decadency.

 

[Bajo_cero2]

Do you think you can help keep Christina out of the cage she might end up in for her crimes?

Off topic.

 

[Ceviche]

As far as the procedure at the decree banns any control from Court, it is clear this is going to be used as a tool for ethnic cleansy because this administration is explicit about that they want to clean the country from Chinese, Bolivians, Peruvians, Paraguayans, whoever who is not of white race.

Wow! Strong statement! What do you see happening in next 2 years? And what do you think are the chances, this wont be allowed to happen?

 

[Mitch]

Off topic.

Maybe so, but a simple yes or no will do.

 

[Bajo_cero2]

There are 2 visit in loco (in place) programmed for this year from UN and the Interamerican system of human rights because they, as me, see the ethnic cleanse coming.

As a reference, last time this happened was in 1978 and this was the precedent to create the CONADEP, the commission that investigated the genocidal:

https://es.wikipedia...ión_de_Personas

The investigation made by CONADEP, later allowed the trials against the military involved in the disappearing of people during last dictatorship government and this is why over 500 of them were convicted.

The ethnic cleanse involves the change of the ethnic composition of the population by genocidal or deportation. I understand that here issue is the second one and the authorities are very clumsy asserting in national tv how they want to clean the country from citizens of other countries who are not from white race.

The interesting point here, that makes the case different from the US, is that Argentina signed and ratified the International Treaty of Rome (International Criminal Court) and the ethnic cleanse might be investigated by them.

However, what I see at Court is that all the judges are very upset with the DNU because it has a preview where it explains that they enact the decree because there are judges who decides in fraud to the immigration law. Judges understood very well that the President is trying to subjugate them.

For example, according to the DNU, instead of appealing the deportation orders at the Federal Chamber, you have to do it before immigration and they decide if the appeal is granted of not. Today i appeal 8 deportation orders before the Federal Chamber and, of course, they accept them very glad because I asked for the unconstitutionality of the decree.

Supreme Court accepted the 2 per saltum (by pass to the inferior instance judges) as I posted before. Yesterday I asked a stay at the Supreme Court and the unconstitutionality of the decree.

I made the same at the habeas corpus where my client was illegal deportad asking the unconstitutionality of the decree.

I also asked the unconstitutionality of the decree at 3 different criminal court that are investigation the trafficking of Chinese immigrants because the DNU states that immigration investigates it (hilarious) instead of the criminal judges.

And yesterday the federal chamber confirmed the first instance decision against immigration regarding a fine of 400.000 pesos for hiring an immigrant without DNI. It is obvious that the chamber is super upset with immigration because they behave like they can give orders to the judges. In that case, I appealed the fine and asked not to notify immigration because they are not a counterpart as soon as the appeal is only a double check of the reasonability of the administrative decision. The first instance federal judge granted that. He cancelled the fine and notified immigration for enforcing the decision and, instead of doing that, immigration appealed. I ask the chamber to reject the appeal, to start a criminal case against the immigration lawyer who appealed for breach of Court order and to give back the appeal taking it out of the file (this is what the procedure code establishes for when someone who is not a part in a trial presents a solicitation). and finally, I also asked for 5 days of arrest for the immigration lawyer for obstructing the normal course of justice (Do you remember the student of law who asserted that I was rude and she was going to be my watch dog? Well, yes, seems that the immigration lawyers agree with her because they behave like they are superior in terms of race or blue blood). I have to wait until the chamber publish the full decisión because they notified just a resume.

Clarification: if the foreigner is considered an enemy, then the DNM is a counterpart. Not white race foreigner = enemy = Carl Smidtt = Perón Constitution copied from the 3rd Reich = Nazi = Hitler = EjLarson trolling with the "whatever" syndrome.

At the National Constitution the foreigner is an inhabitant (one of us) in equal rights with citizens and this is why I ask Federal Judges to exclude immigration from the files at Court and the lawyers of Immigration drives crazy because they are super racist and arrogant.

Citizenship judges are ignoring the Decree because it is too ridiculous to be applied.

So, there is a huge political and legal fight at Court where the Prosecutors cannot just be fired like in the US.

 

[Bajo_cero2]

Maybe so, but a simple yes or no will do.

Welcome to the ignore list for trolling.

 

[Ceviche]

There are 2 visit in loco (in place) programmed for this year from UN and the Interamerican system of human rights because they, as me, see the ethnic cleanse coming.

Argentina signed and ratified the International Treaty of Rome (International Criminal Court) and the ethnic cleanse might be investigated by them.

There is a huge political and legal fight at Court where the Prosecutors cannot just be fired like in the US.

Thanks BC 2.

Can you explain us, the expectations /possibilities - how events will turn out - basis the three points as referenced in quote.

 

[Bajo_cero2]

Wait and see. I m a pro, I do not do divination.