Speech #1090138878

That is the experience we had. Congress decided we cant do that. that it is just a free pass to be illegal. So we said. once you made your claim for asylum and it is denied. and you have a final order for removal. and that can be made by an immigration judgeactually. it can go all the way through the Immigration Board of Appeals or. in certain cases. it can be by an immigration official. but once that order is final you are on your way and you cannot appeal and enjoin your removal. The ninth circuit decided in its wisdom that "enjoined" didnt include "stay." So they said Congress may have said we cant enjoin the removal. but we can stay it. As the Senator from Wisconsin pointed out. it is pretty much the same thing. So the ninth circuit got around congressional intent. Nonetheless. the Secretary of Homeland Security believes that he can use expedited removal to remove most of these illegal immigrants. many with criminal records. from the United States. What the amendment does is to strike both the injunction language in the existing law and the stay language in the amendment by the Senator from Oklahoma. which was intended to overturn that ninth circuit decision and get back to the original intent of Congress. But the net result is not to speak with a fine sieve or filter here. but to enable everybody against whom a final order of removal has been made to appeal and get injunctive relief from the final order of removal.