Mike’s Minute: The Daman Kumar deportation case is fascinating

How fascinating is the Daman Kumar case? 

How would you like to be Chris Penk, the minister in charge of making the call as to whether to deport people? 

In a way this is a singular example of what the Americans deal with millions of times over. 

There seems to be no dispute 18-year-old Daman's parents are overstayers. 

Daman was born here and New Zealand is his home. So does he get deported and do his parents get deported? 

If you follow the law the answer seems simple - yes they do. 

It's not Daman's fault his parents broke the law. And that’s the birthers debate in America. 

The illegals come across the border, they have a child, the child is an illegal and yet it is not their fault. It is their home, it is the only country they know, a Democratic administration gives you leniency and a Republican one not so much. 

There are, as there always are, questions around how you can be here as an overstayer for so many years. 

Also, I assume these are decent people. If they were criminals or reprobates the decisions would be a lot easier. 

So a family who work, contribute to the country, call it their own and want to stay. There's no shortage of emotion in the argument. 

I am sure part of their issue is at some point they technically became overstayers and they feared getting caught after a week, or a month, or a year. So do you come clean and tidy your affairs up, plead for leniency and hope for the best, or do you try your luck? 

Surely in doing what they did, they must have known the game at some point, for some reason, would be up? 

Or maybe after 8, 9,15, or 21 years, maybe they put it to one side. Maybe they would never be found out. 

So, what to do? Section 378 of the Immigration Act says the minister can, apparently, do anything he likes. 

It's easy to say "let them stay", but then you set a precedent. That’s the trouble with power jobs and big decisions - they're hardly ever simple. 

It may well be the hardest thing Penk ever does, unless he lets them stay. 

That would be easier, and make you feel good – probably with minimal push back. 

See omnystudio.com/listener for privacy information.

Episode Transcript

Speaker 1 (00:00):
How fascinating is the coup? Marques say, and how would
you like to be Chris peak the minister in charge
of making the call as to whether to deport people.
And in a way, this is a singular, little example
of what the Americans deal with millions of times over
there seems no dispute. Eighteen year old Darman's parents are overstays.
Darman was born here, it's his home. So does he
get deported? And do his parents get deported if you
follow the law. The answer seems simple, yes they do.

(00:23):
It's not Darmond's fault. His parents broke the law, and
that's the birth's debate. Of course, in America, the illegals
come across the border, they have a child, the child
is an illegal, and yet it's not their fault. It
is their home, it's the only country they know. A
democratic administration gives your leniency. A republican not so much.
There are, as the ra always are questions around how you
can be here as an overstayer for many, many many years. Also,

(00:45):
I assume these are decent people. I mean if they
were criminals or reprobates, the decisions would be a lot easier.
Of course, so family who work, contribute to the country,
call it their own. They want to stay. No shortage
of emotion in the old argument. Now I'm sure part
of their issue at some point once they technically became
overstay as they feared getting caught. You know, after I
don't know, a week, a month, a year, do you

(01:05):
come clean to your tidy year affairs up? Do you
plead for leniency, hope for the best, do you try
your luck? Surely, in doing what they did, they must
have known the game at some point for some reason
would be up. Or maybe after eight years or nine years,
or fifteen or twenty one years, maybe they put it
to one side. Maybe they would never be found out,
they thought to themselves. So what to do? The section

(01:27):
is three seventy eight of the Immigration Act. The Minister
can apparently do anything he likes. Easy to say, go on,
let them stay. But you set the precedent, don't you.
And that's the trouble with powerful jobs and big decisions,
hardly ever simple. It may well be the hardest thing
to think ever does unless you get well, Unless he
lets them stay. Of course that would be easier, make
you feel good and probably with minimal pushback for more

(01:50):
from the Mic Asking Breakfast. Listen live to news talks
it'd be from six am weekdays, or follow the podcast
on iHeartRadio