Trump Admin Moves To Block Migrants From Claiming Asylum

Remigio Civitarese
Novembre 9, 2018

Trump said "we're putting up massive tent cities" with "the military's help" although a defense official said at the time that the Pentagon had received no request to set up tents for detained migrants.

Immigrant advocates quickly denounced the administration's move.

The regulations released, in conjunction with an order expected to be signed by President Donald Trump, would effectively ban migrants who cross the USA border with Mexico illegally from qualifying for asylum. Trump has vowed to stop them from entering the country and made the issue a key part of his closing argument ahead of this week's midterm elections.

"US 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.

Slate reported on November 5 that Kavanaugh has declined to "run interference" for Trump in three of his early rulings - when he declined to rule on the controversial citizenship question on the 2020 Census; when he did not publicly share his vote on the deposition of former commerce secretary Wilbur Ross and stayed mum on the court's decision to punt the legality of the citizenship question to a circuit court.

Trump's administration argues that he has the executive power to curb immigration in the name of national security, a power he invoked right after taking office with a controversial ban on travelers from several mostly-Muslim countries - the final version of which was upheld by the US Supreme Court on June 26 after a protracted legal battle.

New regulations will block migrants from claiming asylum if they do not come to an official border crossing.

This is expected to put a dent in those streaming into an already overburdened system, officials said, noting that there is a backlog of more than 700,000 cases in the immigration courts.

Many politicians on both sides of the aisle agree that the USA immigration system is hugely inefficient and unable to cope with demand.

Mr. Trump had telegraphed the move last week, saying he was fed up with migrants exploiting USA laws by making bogus claims.

He called a current caravan, which is still hundreds of miles from the USA border and dwindling in numbers, an "invasion" and said it would bring hardened criminals to U.S. streets.

"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. The decision notes, however, that this is not to say that Trump cannot end DACA at all, but that in this case, the administration "acted based on an erroneous view of what the law required".

"The government can not abdicate its responsibility towards migrants fleeing harm", the New York Immigration Coalition advocacy group said.

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. "An alien simply crosses the border illegally, finds a border patrol agent, and using well-coached language by lawyers and others that stand there and try to get fees or whatever they can get".

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