Paul B Hunker III

Immigration lawyer; Adjunct professor of law; Parole geek!

[Paul B Hunker III @HunkerPBIII]

@TheBabylonBee So unfunny – anyone who has seen Bruce Springsteen live know he’s the best!

[Paul B Hunker III @HunkerPBIII]

@ckuck @USCIS @USCISDirector There’s also good BIA case law that acknowledges the very positive factor of a US citizen spouse in the discretionary analysis

[Paul B Hunker III @HunkerPBIII]

@DamastEsq Funny, that if you had posted this 5 years, ago, the response would have been, of course, what other provision would apply?

[Paul B Hunker III @HunkerPBIII]

@TheBabylonBee And this was a funny joke regarding a Catholic teaching, unlike the Pope not reading his bible joke.

[Paul B Hunker III @HunkerPBIII]

@TheBabylonBee Now that story was funny!

[Paul B Hunker III @HunkerPBIII]

Part of humor is exaggerating or highlighting a defect or error. So the Pope isn't biblical enough or doesn't know his bible? I doubt it. That is why the joke falls flat. But the "not knowing the bible" criticism is often invoked by some who simply disagree with a Catholic interpretation of certain biblical verses.

[Paul B Hunker III @HunkerPBIII]

@DiaperDiplomacy You have got to do the Rand Paul/Markwayne Mullin exchange!

[Paul B Hunker III @HunkerPBIII]

@mkolken Thanks so much, Matthew!

[Paul B Hunker III @HunkerPBIII]

Eileen – don’t lose “faith” in The Years of Lyndon Johnson. I proselytize for two people – Jesus Christ and Robert Caro! Although having said that, I do keep my LBJ books shelved in my “sociopath biography” section along with books about Stalin and Mao! 😀I am hoping that Caro can complete the final book before God calls him to the great Hill country in the sky.

[Paul B Hunker III @HunkerPBIII]

@antoguerrera It looks like President Trump is hearing his confession! 😀

[Paul B Hunker III @HunkerPBIII]

@David_J_Bier Federal courts may find statements like this a reflection of fundamental bias. Obviously, some undocumented NCs are eligible to adjust. Some federal judges will become less deferential to USCIS decisions when they conclude the deck is stacked against the NC.

[Paul B Hunker III @HunkerPBIII]

@AttyStevenBrown @USCIS Thanks Steven. Do you know if this includes the I-918B?

[Paul B Hunker III @HunkerPBIII]

@eileencurtright @TheGreatB00ks Capital offense!

[Paul B Hunker III @HunkerPBIII]

@ackocher @guardian On a related matter, my former DCC corrected me that "it's not CIS it is USCIS." (Given who CIS is, that is a particularly good correction!).

[Paul B Hunker III @HunkerPBIII]

Congratulations, Nick! Your story yesterday about the re-assignments was great reporting! The Atlantic is lucky to have you. When I was Chief Counsel of ICE in Dallas, I would habitually share your stories with the office to help everyone appreciate what was really going on at the border. You and Maria called balls and strikes!

[Paul B Hunker III @HunkerPBIII]

@mariasacchetti I have made the mistake of omitting a "not" before! Important to proofread!

[Paul B Hunker III @HunkerPBIII]

@eileencurtright Virtue is the mean!

[Paul B Hunker III @HunkerPBIII]

I was happy to share my perspective on "mass deportations" with the Catholic News Agency, and they included one of my favorite Supreme Court quotes from Justice Field! @EWTNews

New Mexico bishops come out strongly against mass deportations | Catholic News Agency

[Paul B Hunker III @HunkerPBIII]

After Boston's mayor announced her refusal to cooperate with ICE’s deportation efforts, Tom Homan, the soon-to-be border czar under President Trump, criticized her decision as “not very smart” and suggested she should “get the hell out of the way.” Homan warned her about 8 U.S.C. § 1324, a provision of federal law that prohibits alien smuggling, harboring, and shielding from detection.

Given the enhanced immigration enforcement of the Trump Administration, municipalities and other organizations are rightly concerned about their legal responsibilities vis-à-vis immigration enforcement and noncitizens.

Municipalities are often as identified as “sanctuary cities” when they will not comply with requests from ICE to assume custody of noncitizens (known as detainers) in local custody. Such detainer requests are voluntary. Declining to cooperate with a detainer does not constitute harboring or shielding noncitizens from detection.

Detainers are controversial as they purport to authorize a local law enforcement entity (LEO) to detain noncitizens for a short period of time on behalf of ICE, even after the noncitizen is ordered released from local custody. Some courts, notably the Fifth Circuit (City of El Cenizo v. Texas, 890 F. 3d 164 (5th Cir. 2018)), have upheld the facial legality of detainers.

I expect in the next four years we will see the Supreme Court address the legality of ICE detainers. What authority does a detainer really give a local LEO to restrain the liberty of a defendant when a state judge has released that person? Is an administrative arrest warrant (not signed by a federal judge but by an ICE deportation officer) sufficient to do so?   It appears to be in the Fifth Circuit, but other courts may disagree.

As Homan alluded to, entities may be in legal jeopardy to the extent the U.S. Government believes they are otherwise harboring or shielding noncitizens from detection. (Although ICE has acknowledged that merely not cooperating with ICE detainers is not illegal).  United States Attorneys appointed by President Trump may be quite willing to bring such charges.

It will be important for organizations and individuals to understand well their legal responsibilities vis-à-vis noncitizens they interact with or encounter.

https://t.co/gxhZMwGef3

[Paul B Hunker III @HunkerPBIII]

@soggystyrofoam Poor guy - I might say the same thing if I had starred in Godfather III.