This goes to show Trump’s focus on the migrant caravan invasion force before the midterm election wasn’t just a bid to motivate the Republican base. He was just keeping his promises.
Democrats, chiefly former president Obama, labeled Trump’s response (sending the military to the border) a “political stunt.”
Guess it’s not so much a “stunt” anymore!
“The Trump administration took a major step on Thursday to restrict asylum claims by migrants, putting forward a regulation that would make individuals ineligible for asylum if they cross the U.S. southern border illegally.
Once the plan goes into full effect, which is expected to happen in coming days, migrants entering at the U.S. southern border would only be eligible for asylum if they come to official ports of entry.
“What we are attempting to do is trying to funnel … asylum claims through the ports of entry where we are better resourced, have better capabilities and better manpower and staffing to actually handle those claims in an expeditious and efficient manner,” a senior administration official told reporters in a news briefing on Thursday, on condition of anonymity.
The plan is the Trump administration’s latest move to limit the eligibility of migrants for asylum in the United States.
The regulation would largely affect migrants from Central America’s Northern Triangle – Guatemala, Honduras and El Salvador – who cross the U.S. border with Mexico to flee violence and poverty in their home countries.
Breaking News: New immigration rules give President Trump the power to deny asylum to virtually any migrant who crosses the southern border illegally https://t.co/ljw6XYLbcB
— The New York Times (@nytimes) November 8, 2018
“The vast majority of aliens who enter illegally today come from the Northern Triangle countries, and large portions of those aliens assert a credible fear,” the regulation’s text says. “Channeling those aliens to ports of entry would encourage these aliens to first avail themselves of offers of asylum from Mexico.”
Immigrant advocates quickly denounced the administration’s move.
“U.S. law specifically allows individuals to apply for asylum whether or not they are at a port of entry,” said Omar Jadwat, director of the American Civil Liberties Union’s Immigrants’ Rights Project. “It is illegal to circumvent that by agency or presidential decree.””
The Department of Justice released this statement:
DOJ and DHS Issue New Asylum Rule
Applies President’s authority to suspend entry to asylum
“Acting Attorney General Matthew Whitaker and Department of Homeland Security Secretary Kirstjen Nielsen today announced an Interim Final Rule declaring that those aliens who contravene a presidential suspension or limitation on entry into the United States through the southern border with Mexico issued under section 212(f) or 215(a)(1) of the Immigration and Nationality Act (INA) will be rendered ineligible for asylum.
The Acting Attorney General and the Secretary issued the following joint statement:
“Consistent with our immigration laws, the President has the broad authority to suspend or restrict the entry of aliens into the United States if he determines it to be in the national interest to do so. Today’s rule applies this important principle to aliens who violate such a suspension or restriction regarding the southern border imposed by the President by invoking an express authority provided by Congress to restrict eligibility for asylum. Our asylum system is overwhelmed with too many meritless asylum claims from aliens who place a tremendous burden on our resources, preventing us from being able to expeditiously grant asylum to those who truly deserve it. Today, we are using the authority granted to us by Congress to bar aliens who violate a Presidential suspension of entry or other restriction from asylum eligibility.”
Section 212(f) of the Immigration and INA states that “[w]henever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate.”
Further, Section 215(a) of the INA states that it is “unlawful…for any alien to depart from or enter or attempt to depart from or enter the United States except under such reasonable rules, regulations, and orders, and subject to such limitations and exceptions as the President may prescribe.”
In Section 208(d)(5)(B) of the INA, Congress specified that the Attorney General “may provide by regulation for any other conditions or limitations on the consideration of an application for asylum.”
Today’s new rule applies to prospective presidential proclamations, and is not retroactive.
Asylum is a discretionary form of relief granted by the Executive Branch on a discretionary basis to those fleeing persecution on the basis of their race, religion, nationality, membership in a particular social group, or political opinion. The rule does not render such aliens ineligible for withholding of removal under the INA or protection from removal under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.”