Thread: JUST IN: President Trump Moves to Restrict Asylum Access at Southern Border

JUST IN: President Trump Moves to Restrict Asylum Access at Southern Border


November 8, 2018





On Thursday, President Trump moved to restrict asylum claims at the southern border as the migrant caravans of mainly military-aged Central American males marches through Mexico to the United States.


The Department of Justice announced the move to restrict asylum Thursday afternoon.


Via the DOJ:

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.

The DHS previously confirmed dangerous gang members and people with criminal histories are embedded in the caravan of migrants.


Unaccompanied minors were also saved by Guatemalan authorities from smugglers.
Furthermore, military-aged males from Congo, Bangladesh and the Middle East are also embedded in the horde which means ISIS terrorists could easily be on their way to the southern border disguised as asylum seekers.


In addition to this new asylum rule, the President sent thousands of troops to the US-Mexico border to support Border Patrol agents.




https://www.thegatewaypundit.com/201...uthern-border/

Trump Administration Moves to Restrict Asylum Claims by Migrants

November 8, 2018

Jennifer Epstein




The Trump administration said it would restrict people who illegally cross the U.S. border with Mexico from claiming asylum, as the president seeks to choke off migration from Latin America.


The change to asylum procedures was published Thursday by the Justice Department. President Donald Trump has blamed U.S. asylum rules for luring thousands of migrants a year from Central American countries. The new rule is almost certain to be challenged in courts.


“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,” Homeland Security Secretary Kirstjen Nielsen and Acting Attorney General Matthew Whitaker said in a joint statement.


The new restrictions on asylum claims won’t take effect until Trump issues a proclamation limiting or suspending entry into the U.S. from Mexico, according to the rule. Trump plans to issue the proclamation on Friday, an administration official who asked not to be identified told reporters in a briefing.


Under the rule, migrants seeking asylum will have to make their claims at official ports of entry on the border. There, “they would be processed in a controlled, orderly, and lawful manner,” according to the rule.


Immigrant advocacy groups have complained that under Trump, U.S. border police have made it more difficult for people to cross into the country at ports of entry and have outright turned away some migrants.


“The administration’s asylum ban is unlawful and ignores our country’s basic values. There will be lawsuits,” said Lee Gelernt, an attorney for the American Civil Liberties Union who led the group’s challenge to the administration’s family separation policy.


According to U.S. law, any migrant who enters the country “whether or not at a designated port of arrival” can apply for asylum. The administration believes it can modify that with its new rule. Many migrants who cross the border with Mexico illegally -- especially children and families -- present themselves to Customs and Border Patrol officers as soon as they can and claim asylum.


People who claim asylum are now interviewed by U.S. officials to assess whether they have a “credible fear” of being returned to their home countries. If so, they are placed in immigration proceedings. Most are released with orders to appear in court later, a procedure Trump has belittled as “catch and release.”


Under the new rule, the “credible fear” interviews would be preceded by determinations of whether Trump’s proclamation applies to migrants caught crossing the border. If so, they would have to meet a higher standard to apply for asylum, showing “a reasonable fear of persecution or torture” in order to avoid deportation.


Trump made immigration a key issue in Tuesday’s election, stoking fear among his supporters about a migrant “caravan” that’s still hundreds of miles away in Mexico. Trump said last week that he planned to modify the asylum process to make it more difficult for Central American migrants in the caravan to request protection.


Administration officials argue the asylum system is abused by people who are not seeking security in the U.S. but are instead searching for economic opportunity or trying to reunite with family members.


The number of “credible fear” interviews conducted by U.S. officials increased from about 5,000 a year in fiscal 2008 to 97,000 last year, according to Department of Justice data cited in a Federal Register notice of the rule. About 89 percent of applicants were determined to have credible fear last year, up from 77 percent in 2008. But only about 6,000 immigrants succeeded in completing the entire process to be granted asylum, according to the notice.


— With assistance by Kartikay Mehrotra



https://www.bloomberg.com/news/artic...ms-by-migrants

Making them apply in home nations best.

NO asylum at Ports of Entry!

We cannot have 500,000 people a DAY showing up on our doorstep!


Turn them away!

They MUST apply in their home country, be thoroughly investigated in their home town, be vetted and pass a complete medical evaluation!

No diseases, no health issues, no diabetes, no cancer, no brain tumor, no TB, no dialysis, no AIDS, nothing! We do not want to pay for their healthcare!

No pregnant ones! We do not want to pay for their anchor baby or the hospital bills.

The White House announced Thursday that migrants who try crossing the border illegally won't be able to claim asylum, in an attempt to crack down on "meritless" claims.

Illegal border crossers now ineligible for asylum, White House says

By Samuel Chamberlain | Fox News



Members of one of the migrant caravans riding on a truck in Donaji, Mexico, last week. (AP)

The Trump administration announced Thursday that migrants who attempt to cross the U.S.-Mexico border illegally will not be eligible to claim asylum under a new rule meant to crack down on "meritless" claims.
The rule, which prevents migrants from claiming asylum if they do not do so at an official border crossing, is the latest attempt by the White House to handle a surge in migration to the U.S. from the Central American countries of Guatemala, Honduras and El Salvador.
President Trump is expected to formally enact the rule in a presidential proclamation Friday and will invoke the same powers he used to push through a version of the travel ban that was upheld by the Supreme Court, according to senior administration officials.
"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," Acting Attorney General Matt Whitaker and Homeland Security Secretary Kirstjen Nielsen said in a joint statement. " ... 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.”
The announcement was the latest push to enforce Trump's hard-line stance on immigration through regulatory changes and presidential orders, bypassing Congress. But those efforts have been largely thwarted by legal challenges and, in the case of family separations this year, stymied by a global outcry that prompted Trump to scrap them.
Video

A senior administration official said the White House hopes that by funneling asylum claimants to ports of entry, officials will be able to assess and adjudicate the claims more rapidly. The official did not say where asylum-seekers would be housed should they arrive at those ports of entry in large numbers. The official added that the rule was not retroactive and only covers future asylum claimants.
Migrants who cross illegally are generally arrested and often seek asylum or some other form of protection. Claims have spiked in recent years, and there is a backlog of more than 800,000 cases pending in immigration court. Generally, only about 20 percent of applicants are approved.
According to DHS, the department has seen a 2,000 percent increase since 2013 in migrants claiming that they have "credible fear" of persecution should they return to their home country. In 2017, the U.S. fielded more than 330,000 asylum claims, nearly double the number two years earlier and surpassing Germany as highest in the world.
A senior administration official said Thursday that the vast majority of such claims are "non-meritorious."
Administration officials said those denied asylum under the proclamation may be eligible for similar forms of protection if they fear returning to their countries, though they would be subject to a tougher threshold. Those forms of protection include "withholding of removal" -- which is similar to asylum, but doesn't allow for green cards or bringing families -- or asylum under the United Nations Convention Against Torture.
The rule change is likely to be challenged in court. Omar Jadwat, director of the American Civil Liberties Union's Immigrants' Rights Project, said they were clearly illegal.
Video

"U.S. law specifically allows individuals to apply for asylum whether or not they are at a port of entry. It is illegal to circumvent that by agency or presidential decree," he said.
The asylum section of the Immigration and Nationality Act says a migrant is allowed to make a claim up to a year after arriving in the U.S., and it doesn't matter how they arrive -- illegally or through a border crossing.
Curbing immigration has been a signature issue for Trump, who pushed it hard in the days leading up to Tuesday's midterm elections, railing against caravans of Central American migrants that are still hundreds of miles from the border.
As of Thursday, there are more than 5,600 U.S. troops deployed to the border mission, with about 550 actually working on the border in Texas. The military is expected to have the vast majority of the more than 7,000 troops planned for the mission deployed by Monday, and that number could grow.
Trump has also suggested he'd revoke the right to citizenship for babies born to non-U.S. citizens on American soil and erect massive "tent cities" to detain migrants. Those issues were not addressed by the regulations Thursday.
Video

The administration has long said immigration officials are drowning in asylum cases partly because people falsely claim asylum and then live in the U.S. with work permits. Trump has long said those seeking asylum should come through legal ports of entry. But many migrants are unaware of that guidance, and official border crossings have grown clogged.
Officials have turned away asylum seekers at border crossings because of overcrowding, telling them to return later. Backlogs have become especially bad in recent months at crossings in California, Arizona and Texas, with some people waiting five weeks to try to claim asylum at San Diego's main crossing.
It's unclear how many people en route to the U.S. will even make it to the border. About 4,800 migrants are sheltered in a sports complex in Mexico City, some 600 miles from the U.S. border. Several smaller groups were trailing hundreds of miles to the south; officials estimated about 7,000 in all were in the country in the caravans. The migrants are largely poor people and many say they're fleeing violence; more than 1,700 were children under 18, and more than 300 were children under age 5.
Fox News' Jake Gibson and Kelly Chernenkoff and The Associated Press contributed to this report.

https://www.foxnews.com/politics/ill...nlbpW0bYXFvbYk

Good!! Thank you GeorgiaPeach!! Thank you, Donald J Trump, 45th President of the United States!! Thank you, new Acting Attorney General, Matt Whitaker!! Thank you, Secretary of US Department of Homeland Security, Kirsten Nielsen!! Looking forward to the Proclamation tomorrow and seeing USCIS officials at the border conducting on-site "credible fear" interviews and turning them right back out of our country.

Originally Posted by Judy

Good!! Thank you GeorgiaPeach!! Thank you, Donald J Trump, 45th President of the United States!! Thank you new Acting Attorney General, Matt Whitaker!!

Judy, I hope the Acting Attorney General will be proactive on fixing immigration loopholes where he is able. He can also seek to find where laws have been passed but ignored and then fully enforce them.

Originally Posted by GeorgiaPeach

Judy, I hope the Acting Attorney General will be proactive on fixing immigration loopholes where he is able. He can seek to find where laws have been passed but ignored will be fully enforced.

Of course he will, he wouldn't have been appointed otherwise. Our laws suck, but because we lost the election on Tuesday, there's nothing we will ever be able to do about it now. Tuesday was our last chance to save this country through legislation from this scourge and we failed. I don't think that has sunk in yet, and I don't understand why.

Many do NOT qualify.

Why should WE foot the bill to pay for their plane ride back!

No papers, no entry, NO rights!

WE ARE BEING ROBBED BY THIS BOGUS ASYLUM POLICY!

TERMINATE IT, DEFUND IT AND PUT IT IN THE TRASH CAN!

WE ARE NOT THE DUMPING GROUND OR ATM MACHINE FOR THE WORLD!

GO "CRY" ON YOUR PRESIDENT'S DOORSTEP...NOT OURS!

NO VACANCY, YOU ARE NOT WELCOME HERE ANY MORE!

Originally Posted by Beezer

Many do NOT qualify.

Why should WE foot the bill to pay for their plane ride back!

No papers, no entry, NO rights!

WE ARE BEING ROBBED BY THIS BOGUS ASYLUM POLICY!

TERMINATE IT, DEFUND IT AND PUT IT IN THE TRASH CAN!

WE ARE NOT THE DUMPING GROUND OR ATM MACHINE FOR THE WORLD!

GO "CRY" ON YOUR PRESIDENT'S DOORSTEP...NOT OURS!

NO VACANCY, YOU ARE NOT WELCOME HERE ANY MORE!

Why? Because of laws, laws which we unfortunately will never be able to change, because we lost the House of Representatives and failed to gain the 60 seat majority we need in the Senate to ever pass a bill. All we have is our dear President Trump, who will be stopped at every turn by lawsuits. I don't think it's sunk in yet what losing the election on Tuesday means to our cause. We're in Deep Doo Doo and the whole world wanting to flock in here knows it. Thank God, Trump has military on the border, he needs to send as many as possible.