Trump Considering Rule Barring Most Central American Migrants from Asylum
Trump Considering Rule Barring Most Central American Migrants from Asylum
The Trump administration is reportedly weighing a rule that would prevent Central American migrants from receiving asylum in the U.S.
By Claire Hansen, Staff Writer May 30, 2019, at 4:20 p.m.
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Proposed Rule Would Bar Many From Asylum
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President Trump is reportedly seeking to dramatically restrict who can seek asylum in the U.S. (AP Photo/Christian Torres)
THE ASSOCIATED PRESS
PRESIDENT DONALD TRUMP is reportedly considering a wide reaching rule that would effectively block Central American migrants from seeking asylum in the U.S.
A draft rule would prohibit migrants from seeking asylum if they have passed through a country other than their own before arriving at the U.S., Politico reported Thursday, citing officials and advocates briefed on the plan. If enacted, the policy would bar migrants who have traveled through Mexico from applying for asylum in the U.S. – a key distinction since much of the current influx of migrants is being driven by people fleeing the Central American nations of El Salvador, Honduras and Guatemala that have been ravaged by crime and poverty.
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It's the latest move in an aggressive effort by the Trump administration to suppress the number of migrants seeking asylum at the southern border. The proposal, if finalized, would almost certainly be challenged in the courts.
The proposed rule would also deem migrants ineligible for asylum if they enter the U.S. without seeking asylum in countries that are not their home country and which they passed through on their way to the U.S., accordingto Buzzfeed News.
"We're talking about hundreds of thousands of asylum seekers," says Sarah Pierce, a policy analyst at the nonprofit Migration Policy Institute.
It was not immediately clear if the proposed rule would prevent those migrants from applying for asylum or if they would be allowed to apply but would be deemed ineligible or have their claims rejected.
Trump administration aides are reportedly seeking to include the rule in immigration legislation to make it less susceptible to a court challenge.
If the draft rule appears similar to an asylum ban struck down by the Supreme Court last year, under which migrants could not seek asylum if they had entered the U.S. outside of ports of entry, Pierce says she believes there is "zero doubt" that it would be struck down by courts if finalized.
Andrew Arthur, resident fellow in law and policy at the Center for Immigration Studies, a think tank that advocates for low levels of immigration, said he expects the president to issue the rule as a presidential proclamation. Arthur said he believes it would be on solid legal footing but would be challenged in court and likely make it to the Supreme Court.
If the policy would not prevent migrants from applying for asylum but would subsequently prevent migrants from being granted asylum, the rule would not change the situation at the southern border, which has been overwhelmed by migrants, Pierce says.
Officials in the Department of Homeland Security have raised concerns about the draft rule, according to Buzzfeed. The officials have expressed that the policy is too broad and does not account for the fact that other countries do not offer full asylum protections, and they have also raised questions about whether it would cover people who traveled through airports in other countries.
Trump on Thursday teased that he would make a "dramatic" announcement concerning the southern border, telling reporters that it is his "biggest statement" on the issue of migration, but it is not clear if the proposed rule is that statement.
The Trump administration has proposed or enacted a number of actions aimed at asylum seekers, including the policy widely known as "remain in Mexico," which forces asylum seekers to wait in Mexico while their cases are pending.
Immigration advocates responded swiftly and strongly Thursday to the draft rule.
"Seeking asylum is a human right, full stop," Charanya Krishnaswami, advocacy director for the Americas at Amnesty International USA, said in a statement. "To effectively close the border to Central Americans and the vast majority of people seeking asylum not only violates human rights obligations, but is also fundamentally cruel."
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