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Responding to Republican outrage over  baby formula for border illegal immigrants infants: the Biden administration is obligated under federal law to provide this baby formula to the babies of detained illegal immigrants.

Washington Post 5.14.22

The faux outrage that Biden is stockpiling baby formula for undocumented immigrants
 

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The Facts

At issue is something called the Flores consent decree, which began as a class-action lawsuit regarding the treatment of migrant children. The Justice Department negotiated a settlement in 1997 during President Bill Clinton’s administration.

The Flores settlement requires the federal government to release rather than detain undocumented immigrant children, first to their parents if possible, to other adult relatives if not, and to licensed programs willing to accept custody if no relatives are available. A 2015 judicial ruling then said the Flores settlement covered all children in immigration officials’ custody, regardless of whether they were apprehended crossing the border alone or with family....

Here’s the relevant section of the settlement, which refers to the now-defunct Immigration and Naturalization Service (INS).

Note the reference to food: “Whenever the INS takes a minor into custody, it shall expeditiously process the minor and shall provide the minor with a notice of rights, including the right to a bond redetermination hearing if applicable. Following arrest, the INS shall hold minors in facilities that are safe and sanitary and that are consistent with the INS’s concern for the particular vulnerability of minors. Facilities will provide access to toilets and sinks, drinking water and food as appropriate, medical assistance if the minor is in need of emergency services, adequate temperature control and ventilation, adequate supervision to protect minors from others, and contact with family members who were arrested with the minor.” ....

 

 

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2 hours ago, Justlookingfornow said:

Well played! Why can't it be distributed evenly? They also had a take on what's causing the formula shortage. 

The FDA in February closed the biggest plant that produces formula.  I don't know how much the Biden administration is to blame now, when a shortage was to be expected.  But, you can imagine how much the media would be focusing on Trump if he was in office.  

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1 hour ago, NRSKarenRN said:

Responding to Republican outrage over  baby formula for border illegal immigrants infants: the Biden administration is obligated under federal law to provide this baby formula to the babies of detained illegal immigrants.

Washington Post 5.14.22

The faux outrage that Biden is stockpiling baby formula for undocumented immigrants
 

 

Give me a break ?

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39 minutes ago, Beerman said:

Give me a break ?

I'm not convinced that Biden is to blame for the shortage.  But, it's laughable to suggest that formula is being sent to the border in order to comply with some kind of law.  

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Specializes in Med-Surg.
5 hours ago, Justlookingfornow said:

Well played! Why can't it be distributed evenly? They also had a take on what's causing the formula shortage. 

Texas governor says:   “While mothers and fathers stare at empty grocery store shelves in a panic, the Biden Administration is happy to provide baby formula to illegal immigrants coming across our southern border. … Our children deserve a president who puts their needs and survival first – not one who gives critical supplies to illegal immigrants before the very people he took an oath to serve.”

Texas Representative tweeted:  Texas Rep. Troy Nehls, for example, tenderly tweeted Thursday: "Baby formula should go to Americans before illegals. This should not have to be said."

Seems kind of dark coming from the "All Lives Matter" and "Pro-Life" crowd.  

I will say that if the detention centers have huge stockpiles while American children are suffering they need to use what they have before they get more, or have some of it re-distributed.  I haven't read that American's children's needs are not being met or that detention centers have more than they need.  

I also don't mean to undermine the situation for American parents.  It must be mortifying to need baby formula and to find an empty shelf and then having to scramble around for it.  I imagine, as always, this would disproportionate affect the poor who live in food desserts and don't have adequate transportation.  

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the administration cannot be faulted for following the law and providing baby formula to undocumented immigrants.

Besides being the decent humanitarian thing to do.  

https://www.washingtonpost.com/politics/2022/05/12/faux-outrage-that-biden-is-stockpiling-baby-formula-undocumented-immigrants/

None of the red tape and trade policies regarding importing baby formula were set by the Biden Administration and hopefully his administration can cut through it and import more to help ease this situation.

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Specializes in CRNA, Finally retired.
3 hours ago, Tweety said:

Texas governor says:   “While mothers and fathers stare at empty grocery store shelves in a panic, the Biden Administration is happy to provide baby formula to illegal immigrants coming across our southern border. … Our children deserve a president who puts their needs and survival first – not one who gives critical supplies to illegal immigrants before the very people he took an oath to serve.”

Texas Representative tweeted:  Texas Rep. Troy Nehls, for example, tenderly tweeted Thursday: "Baby formula should go to Americans before illegals. This should not have to be said."

Seems kind of dark coming from the "All Lives Matter" and "Pro-Life" crowd.  

I will say that if the detention centers have huge stockpiles while American children are suffering they need to use what they have before they get more, or have some of it re-distributed.  I haven't read that American's children's needs are not being met or that detention centers have more than they need.  

I also don't mean to undermine the situation for American parents.  It must be mortifying to need baby formula and to find an empty shelf and then having to scramble around for it.  I imagine, as always, this would disproportionate affect the poor who live in food desserts and don't have adequate transportation.  

Besides being the decent humanitarian thing to do.  

https://www.washingtonpost.com/politics/2022/05/12/faux-outrage-that-biden-is-stockpiling-baby-formula-undocumented-immigrants/

None of the red tape and trade policies regarding importing baby formula were set by the Biden Administration and hopefully his administration can cut through it and import more to help ease this situation.

People can't seem to understand that is you don't like the law, get it changed.  Whoever the president is, they can't change it.  Stop with the whining and blame shifting onto people who weren't in Congress when the legislation was passed.   We certainly have a few fossils left from the Clinton administration who are still alive.  I'm sure the next Republican will make it a top priority to remove baby formula from those in detention centers.

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Specializes in CRNA, Finally retired.
9 hours ago, NRSKarenRN said:

Agree 100%.

Thank you, NRS Karen.  I love reading Twitter comments...good laughs.

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2 hours ago, subee said:

People can't seem to understand that is you don't like the law, get it changed.  Whoever the president is, they can't change it.  Stop with the whining and blame shifting onto people who weren't in Congress when the legislation was passed.   We certainly have a few fossils left from the Clinton administration who are still alive.  I'm sure the next Republican will make it a top priority to remove baby formula from those in detention centers.

People can't seem to understand that much of the reason there is a crisis at the border is due to the Biden administration not following immigration law.

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Specializes in Med-Surg.
19 hours ago, Beerman said:

People can't seem to understand that much of the reason there is a crisis at the border is due to the Biden administration not following immigration law.

I know you wouldn't make this statement without it being true, but I actually don't understand this and would like you to explain it.  When I Google "Biden is not following immigration law" it's not very enlightening to this being the cause of the border crisis.

I know there has been criticism of Title 42 and how that is being used to expel people without giving them a chance to apply for asylum, something US and International law requires.   Also that it was lifted for Ukrainian refugees but not many others.  

Also a Louisiana judge blocked the lifting of Title 42 but the date for lifting isn't here yet.  

 

 

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Specializes in This and that.
2 hours ago, Tweety said:

I know you wouldn't make this statement without it being true, but I actually don't understand this and would like you to explain it.  When I Google "Biden is not following immigration law" it's not very enlightening to this being the cause of the border crisis.

I know there has been criticism of Title 42 and how that is being used to expel people without giving them a chance to apply for asylum, something US and International law requires.   Also that it was lifted for Ukrainian refugees but not many others.  

Also a Louisiana judge blocked the lifting of Title 42 but the date for lifting isn't here yet.  

 

 

Perhaps he's not breaking the law (Biden) but not enforcing it? 

 

" First, Homeland Security Secretary Alejandro N. Mayorkas established enforcement priority categories with a Sept. 30, 2021, memorandum on Guidelines for the Enforcement of Civil Immigration Law:

Threat to National Security — Migrants who have engaged in or are suspected of terrorism or espionage, or who otherwise poses a danger to national security.

Threat to Public Safety — Migrants who poses a current threat to public safety, typically because of serious criminal conduct.

Threat to Border Security — Migrants who were apprehended at the border or a port of entry while attempting to unlawfully enter the United States, or who succeeded in making an unlawful entry after November 1, 2020.  

Mayorkas restricted enforcement actions to migrants in one of these priority categories, but exceptions are permitted with preapproval from senior supervisors. According to Mayorkas, the fact that an individual is removable by law should not alone be the basis for taking an actual enforcement action against him.   

The result is that there is little, if any, danger that a deportable migrant in the interior of the country will be put in removal proceedings unless he is convicted of a crime that makes him a threat to national security or public safety, or ICE knows that he entered unlawfully after Nov. 1, 2020.  

This encourages illegal crossers to keep trying until they succeed in evading detection — or until CBP releases them into the interior of the country.

Extension of the guidelines

On April 3, 2022, Kerry E. Doyle, the ICE Principal Legal Advisor, issued a memorandum that took the enforcement guidelines a step further. She directed ICE lawyers to remove nonpriority cases from the immigration court docket. The preferred method is a motion to dismiss without prejudice.

In other words, the Biden administration — after limiting who can be prosecuted — has decided to simply dismiss pending immigration cases, allowing people to stay in country. They expect to do this with about 700,000 existing immigration cases.

According to Doyle, “The exercise of prosecutorial discretion, where appropriate, can preserve limited government resources, achieve just and fair outcomes in individual cases, and advance DHS’s mission of administering and enforcing the immigration laws of the United States in a smart and sensible way that promotes public confidence.”

But does it faithfully execute the statutory enforcement provisions in the Immigration and Nationality Act (INA)? The U.S. Constitution has a Take Care Clause which provides that the president “shall take Care that the Laws be faithfully executed.” 

Supreme Court decisions have held that the Take Care Clause imposes a duty on the president to ensure the officials in his administration obey Congress’s commands.

In a recent lower court decision, a federal judge granted a motion from the State of Arizona for a preliminary injunction to prevent the implementation of some of the provisions in Biden’s enforcement guidelines.

The judge noted that the guidelines provide that immigration officials “should not rely on the fact of conviction or the result of a database search alone” when making an enforcement-related decision, such as whether to detain or deport a migrant who has committed a criminal offense. They must weigh the aggravating and mitigating factors against each other.

But INA section 1226(c) mandates the detention of immigrants who have “committed” certain enumerated offenses, and INA section 1227 provides that immigrants convicted of certain criminal offenses “shall” be removed.

Consequently, the judge concluded that Arizona is likely to prevail on its argument that the guidelines include unlawful provisions.

What has Doyle accomplished?

In the first six month of fiscal 2022, the immigration courts received 432,403 new cases and only completed 143,739. This means that so far in fiscal 2022, the backlog has increased by 288,664 cases. It won’t take long at that rate to replace the 700,000 cases the administration expects to withdraw from the immigration court docket.

Moreover, there may be a flood of illegal crossers next month. Biden has terminated the Title 42 order that permits CBP to expel illegal crossers without the processing ordinarily required by the provisions in the INA. The termination will be effective on May 23.

Sen. John Cornyn (R-Texas) said on Twitter that, “Dropping Title 42 without other changes in border policies will produce a tsunami of migrants & drugs.” 

DHS officials are preparing for the possibility of as many as 18,000 border apprehensions per day when the order is lifted.

A federal judge has issued a temporary restraining order prohibiting changes to the Title 42 order, which is set to last two weeks, but it can be extended, which could prevent the administration from lifting the order on May 23.". 

https://thehill.com/opinion/immigration/3470059-can-biden-get-away-with-not-enforcing-the-immigration-law/

If it's any consolation,I believe that Biden relies to heavily on his advisors and doesn't challenge them enough or assess situations himself. This is a warm environment for some to manipulate their own agenda. He in my opinion has age related condition changes whether they are "dementia" type changes or "normal" age related changes, he definitely isn't as sharp as he once was. 

Disclaimer: Although there has been no public information released to support that Biden may be in cognitive decline, I rely on my personal experience and observations,however I am not in a position to provide any diagnosis. This is only my opinion.  

 

 

 

 

 

 

 

 

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3 hours ago, Tweety said:

I know you wouldn't make this statement without it being true, but I actually don't understand this and would like you to explain it.  When I Google "Biden is not following immigration law" it's not very enlightening to this being the cause of the border crisis.

I know there has been criticism of Title 42 and how that is being used to expel people without giving them a chance to apply for asylum, something US and International law requires.   Also that it was lifted for Ukrainian refugees but not many others.  

Also a Louisiana judge blocked the lifting of Title 42 but the date for lifting isn't here yet.  

 

 

FL has a pending lawsuit, and this press release lays it out very well:

https://www.flgov.com/2022/02/02/in-case-you-missed-it-governor-desantis-and-attorney-general-moody-announce-florida-is-taking-legal-action-against-biden-administration-for-releasing-illegal-immigrants-into-florida/

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Specializes in CRNA, Finally retired.
9 hours ago, Tweety said:

I know you wouldn't make this statement without it being true, but I actually don't understand this and would like you to explain it.  When I Google "Biden is not following immigration law" it's not very enlightening to this being the cause of the border crisis.

I know there has been criticism of Title 42 and how that is being used to expel people without giving them a chance to apply for asylum, something US and International law requires.   Also that it was lifted for Ukrainian refugees but not many others.  

Also a Louisiana judge blocked the lifting of Title 42 but the date for lifting isn't here yet.  

 

 

I would also like to know what immigration laws Biden is not enforcing.  Asylum is granted in our constitution.  If people think it is being abused, then we have to change the laws.  But I do not understand this "law-breaking" charge.  

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