重磅:美国司法部长废除奥巴马(DACA)旧移民政策-重磅:美国司法部长废除奥巴马(DACA)旧移民政策-【移投策】

重磅:美国司法部长废除奥巴马(DACA)旧移民政策

条评论 1468

2017-09-07

本文于2017-09-06 11:55:36首先发表于我的新浪博客:被遗忘的房子

标签:童年抵美延缓递解 美国司法部 特朗普移民政策 daca法案/追梦人 非法移民/追梦人


         自2017年9月1日起,特朗普总统宣布将要决定是否废除奥巴马时期的旧移民法案(DACA),引起美国各界和国外的广泛关注。

         

          最终美国时间9月5日,司法部长Jeff Sessions 宣布了这一废除奥巴马时期旧移民政策的决定。

        但是,特朗普借助美国司法部(The us department of justice)宣布废除奥巴马旧移民法案,这一举措将要延缓6个月才执行,而不是特朗普宣称的自2017年10月1日期执行。


          DACA即Deferred Action for Childhood Arrivals,中文译为:“童年抵美者暂缓遣返”,是奥巴马政府执政期间真对大批量同年期间跟随非法移民的父母辈到达美国的孩童可以合法留在美国的一项重要的移民法案。这一决定已经宣布遭到美国商界和“追梦人”的反对和抗议。


          知名移民行业自媒体人,新浪博客/微博认证博主:被遗忘的房子,财瑛移民首席移民规划师 Frankly Liu 认为这一情况反映出一个美国当前政局的重要问题此次司法部响应支持特朗普的行为是反映了特朗普执政由“幼稚“”走向“成熟”的转折点,当前特朗普正在慢慢视图熟悉和掌握美国的政治游戏规则。但博主并不认为这是特朗普作为美国总统在政策制定和治国方式走向成熟的表现。


          特朗普政府宣布延缓执行废除DACA也是对外界一片反对之声的一种妥协,因为在延缓的者6个月之内,不排除是给予一些“追梦人”将自己的身份变为合法化的时间间隙。特朗普政府似乎是希望借助延缓执行,来缓和来自国内反对者的矛盾。



        财瑛移民美国律师见面会谈活动继续进行中:详见博文《福利:9月份美国移民律师面谈预约(第十波)


         面谈预约电话:4000-355-235,直线:17780078385


       我司美国移民律师再来华,诸位移民咨询者对于美国EB1移民,EB2移民,EB3移民感兴趣的可以约见。因为:移民论坛泡千年,移民顾问问万遍,不如跟移民律师面谈半小时!


         拥有三十多年移民操作经验的美国律师再次来国内回访会谈移民申请人/客户,欢迎对上述美国移民项目感兴趣的申请人进行面谈预约,一来,节省飞往美国跟美国移民律师面谈所花费差旅;二来,面谈免费咨询不收咨询费用,所以机会难得不容错过。


我司美国移民律师行程如下:

09/08-09/09 在 北京

09/09-09/12 在 台北;

09/12-09/14 在 上海

09/14-09/16 在 广州

09/16-09/17 在 成都

09/17-09/19 在 昆明

09/19-09/20 在 北京

09/20 返回 Los Angeles.


        为避免浪费移民申请人和美国移民律师的宝贵时间,凡后预约的申请人/客户请提前1天将移民申请人简历发送至:sc@cyvisas.com对上述移民项目感兴趣的请先提供评估资料(学位证,毕业证,成绩单,资质资格证书以及个人履历……等)进行预评估。


         如果您对美国司法长的这一讲话感兴趣,您可以继续来可以,美国司法部长  Jeff Sessions 杰夫·塞申斯发表在美国司法部官The us department of justice网上的宣布演讲,原文为英文。


        原文地址:https://www.justice.gov/opa/speech/attorney-general-sessions-delivers-remarks-daca


        为方便您的阅读理解,本文由 知名移民行业自媒体人,新浪博客/微博认证博主:被遗忘的房子,财瑛移民首席移民规划师 Frankly Liu 添加注解:

Attorney General Sessions Delivers Remarks on DACA

WashingtonDC

 ~ 

Tuesday, September 5, 2017


Remarks as prepared for delivery


Good morning. I am here today to announce that the program known as DACA that was effectuated under the Obama Administration is being rescinded.

The DACA program was implemented in 2012 and essentially provided a legal status for recipients for a renewable two-year term, work authorization and other benefits, including participation in the social security program, to 800,000 mostly-adult illegal aliens.奥巴马总统时期DACA旧政策的背景,受益人群高达80万人

This policy was implemented unilaterally to great controversy and legal concern after Congress rejected legislative proposals to extend similar benefits on numerous occasions to this same group of illegal aliens.(司法部认为这一政策是奥巴马违反国会法律做出的单方面的行为,有点政府抵赖的意思

In other words, the executive branch, through DACA, deliberately sought to achieve what the legislative branch specifically refused to authorize on multiple occasions. Such an open-ended circumvention of immigration laws was an unconstitutional exercise of authority by the Executive Branch.(司法部将DAC定义为行政机关违宪,这是司法部可以废除这一法案的基础

The effect of this unilateral executive amnesty, among other things, contributed to a surge of unaccompanied minors on the southern border that yielded terrible humanitarian consequences. It also denied jobs to hundreds of thousands of Americans by allowing those same jobs to go to illegal aliens.(进一步解释奥巴马DACA政策造成的危害

We inherited from our Founders—and have advanced—an unsurpassed legal heritage, which is the foundation of our freedom, safety, and prosperity.(宣扬美国的法律和传统

As the Attorney General, it is my duty to ensure that the laws of the United States are enforced and that the Constitutional order is upheld.

博主人为上面这两段是为了自己作为司法部长行驶权力废除这一错误的法案的一段冠冕堂皇的话。

No greater good can be done for the overall health and well-being of our Republic, than preserving and strengthening the impartial rule of law. Societies where the rule of law is treasured are societies that tend to flourish and succeed.(强调法治的重要性

Societies where the rule of law is subject to political whims and personal biases tend to become societies afflicted by corruption, poverty, and human suffering.(法治社会不应被个人的行为所利用而承担不利后果

To have a lawful system of immigration that serves the national interest, we cannot admit everyone who would like to come here. That is an open border policy and the American people have rightly rejected it.

Therefore, the nation must set and enforce a limit on how many immigrants we admit each year and that means all can not be accepted.(强调超出美国移民法案规定的数量的就是“非法的移民”,这与特朗普的美国优先不谋而合

This does not mean they are bad people or that our nation disrespects or demeans them in any way. It means we are properly enforcing our laws as Congress has passed them.(大意为,虽然“追梦人”和非法移民不是坏人,但是我们是法治国家,所以不好意思,这国家不欢迎非法的人

It is with these principles and duties in mind, and in light of imminent litigation, that we reviewed the Obama Administration’s DACA policy.

Our collective wisdom is that the policy is vulnerable to the same legal and constitutional challenges that the courts recognized with respect to the DAPA program, which was enjoined on a nationwide basis in a decision affirmed by the Fifth Circuit.

The Fifth Circuit specifically concluded that DACA had not been implemented in a fashion that allowed sufficient discretion, and that DAPA was “foreclosed by Congress’s careful plan.”(废除奥巴马旧政策的依据

In other words, it was inconsistent with the Constitution’s separation of powers. That decision was affirmed by the Supreme Court by an equally divided vote.(把三权分立抬出来了

If we were to keep the Obama Administration’s executive amnesty policy, the likeliest outcome is that it would be enjoined just as was DAPA. The Department of Justice has advised the President and the Department of Homeland Security that DHS should begin an orderly, lawful wind down, including the cancellation of the memo that authorized this program.(如果继续执行奥巴马政策的危害

Acting Secretary Duke has chosen, appropriately, to initiate a wind down process. This will enable DHS to conduct an orderly change and fulfill the desire of this administration to create a time period for Congress to act—should it so choose. We firmly believe this is the responsible path.

Simply put, if we are to further our goal of strengthening the constitutional order and the rule of law in America, the Department of Justice cannot defend this type of overreach.

George Washington University Law School Professor Jonathan Turley in testimony before the House Judiciary Committee was clear about the enormous constitutional infirmities raised by these policies.

He said: “In ordering this blanket exception, President Obama was nullifying part of a law that he simply disagreed with.….If a president can claim sweeping discretion to suspend key federal laws, the entire legislative process becomes little more than a pretense…The circumvention of the legislative process not only undermines the authority of this branch but destabilizes the tripartite system as a whole.”把法学人士抬出来佐证政府废除这一法案的正确性

Ending the previous Administration’s disrespect for the legislative process is an important first step. All immigration policies should serve the interests of the people of the United States—lawful immigrant and native born alike.(开始说废除非法的政策又怎么样的好处

Congress should carefully and thoughtfully pursue the types of reforms that are right for the American people. Our nation is comprised of good and decent people who want their government’s leaders to fulfill their promises and advance an immigration policy that serves the national interest.

We are a people of compassion and we are a people of law. But there is nothing compassionate about the failure to enforce immigration laws.

Enforcing the law saves lives, protects communities and taxpayers, and prevents human suffering. Failure to enforce the laws in the past has put our nation at risk of crime, violence and even terrorism.(政府应该如何对纳税人负责

The compassionate thing is to end the lawlessness, enforce our laws, and, if Congress chooses to make changes to those laws, to do so through the process set forth by our Founders in a way that advances the interest of the nation.

That is what the President has promised to do and has delivered to the American people.

Under President Trump’s leadership, this administration has made great progress in the last few months toward establishing a lawful and constitutional immigration system. This makes us safer and more secure.批评奥巴马政府,这时候不失时机的抬出特朗普总统,典型的欲扬先抑,看来老外玩的熟络程度不输于中国

It will further economically the lives of millions who are struggling. And it will enable our country to more effectively teach new immigrants about our system of government and assimilate them to the cultural understandings that support it.

The substantial progress in reducing illegal immigration at our border seen in recent months is almost entirely the product of the leadership of President Trump and his inspired federal immigration officers. But the problem is not solved. And without more action, we could see illegality rise again rather than be eliminated.

As a candidate, and now in office, President Trump has offered specific ideas and legislative solutions that will protect American workers, increase wages and salaries, defend our national security, ensure the public safety, and increase the general well-being of the American people.

He has worked closely with many members of Congress, including in the introduction of the RAISE Act, which would produce enormous benefits for our country. This is how our democratic process works.(开始说新总统特朗普如何为美国人民劳心劳力的奔走

There are many powerful interest groups in this country and every one of them has a constitutional right to advocate their views and represent whomever they choose.(虽然先发赋予人表达自己观点的权利

But the Department of Justice does not represent any narrow interest or any subset of the American people. We represent all of the American people and protect the integrity of our Constitution. That is our charge.(但是司法部只代表美国人民并负责保护宪法

We at Department of Justice are proud and honored to work to advance this vision for America and to do our best each day to ensure the safety and security of the American people.(准备鼓掌,散会

Thank you.


移民流程透明化运动领导者

官网:www.cyvisas.com

免费热线:4000-355-235

公众号:gdcyvisa

所有评论
©版权为慷秉商务咨询(上海)有限公司所有 2013-2021      沪ICP备18013213号-1
查看对话