Subject: Why democrats can't govern
Because literally everything is performative theater. They propose legislation that does serious damage to any number of things just to score some kind of "compassion" points.

Witness...my own embarrassment of a Representative to Congress, Pramila Jayapal:

https://www.congress.gov/bill/...

(This is the actual bill. If you're inclined to whine about "sources", then you're of course being performative yourself). This bill has 122 co-sponsors.

H.R.2760 - Dignity for Detained Immigrants Act
118th Congress (2023-2024)



First, the harmless, but still stupid parts:
(1) IN GENERAL.—On a periodic basis, not less frequently than annually, the Inspector General of the Department (referred to in this section as the “Inspector General”) shall conduct an unannounced, in-person inspection of each facility at which aliens in the custody of the Department are detained to ensure that each such facility is in compliance with the standards established under section 4.



The actual Inspector General has to go around to every single facility in the country every year. Notice the way this is written is to make the poor sap do it personally.

“(1) INITIAL DETERMINATION.—

“(A) IN GENERAL.—Not later than 48 hours after taking an alien into custody pursuant to this section or section 235, or with respect to an alien subject to a reinstated order of removal pursuant to section 241(a)(5) who has been found to have a credible or reasonable fear of return, the Secretary of Homeland Security shall make an initial custody determination with regard to the alien, and provide such determination in writing to the alien.

“(B) LEAST RESTRICTIVE CONDITIONS.—With respect to a custody determination under subparagraph (A), if the Secretary determines that the release of an alien will not reasonably ensure the appearance of the alien as required or will endanger the safety of any other person or the community, the Secretary shall impose the least restrictive conditions, as described in paragraph (4).


Since there's no way to guarantee a hearing in 2 days when you arrest, say, a ton of people at once, here's your flaming incentive for THOUSANDS of people to rush the border. The democrats will use this as a poison pill to vastly expand the administrative state like they tried to in the doomed (and equally stupid "immigration bill"). Basically the only way out of this part is to release people...into the country.

Tell me how the democrats value public safety and integrity again? They don't.

Now for the dangerously stupid parts:

“(2) TIMING.—

“(A) IN GENERAL.—An alien who seeks to challenge the initial custody determination under paragraph (1) shall be provided with the opportunity for a hearing before an immigration judge not later than 72 hours after the initial custody determination to determine whether the alien should be detained.

This section opens the door for a flood of new immigrant detention cases, where liberal lawyers can gum up the works, file motions, delay things...and basically force the release of the aliens into the country.

Anyone else see a pattern forming?

“(3) PRESUMPTION OF RELEASE.—

“(A) IN GENERAL.—In a hearing under this subsection, there shall be a presumption that the alien should be released.

Presumption of Release. At least Jayapal was kind enough to spell this out.

“(B) REBUTTAL.—

“(i) IN GENERAL.—The Secretary of Homeland Security has the duty of rebutting this presumption, which may only be shown based on clear and convincing evidence, including credible and individualized information, that the use of alternatives to detention will not reasonably ensure the appearance of the alien at removal proceedings, or that the alien is a threat to another person or the community.

See this part? This basically ensures that anyone we caught just needs to swearsies that they'll appear at their hearing. We know these guys all keep their word, right?

Which leads to...releasing anyone we capture right into the country. Wow, that pattern again.

Here's a great part:
“(ii) CONSIDERATION.—The Attorney General—

“(I) shall consider the totality of each case; and

“(II) may not rely on an alien’s criminal conviction, arrest, pending criminal charge, or combination thereof as the sole factor to justify the continued detention of the alien.

Hear that, twice convicted rapists, murderers and child traffickers? No matter how many times we catch you, your past criminal record can't be used to justify detaining you. Leaving us to...release you into the country.