Trump orders new curbs on asylum seekers but legal challenge likely

Trump orders new curbs on asylum seekers but legal challenge likely

Trump signs proclamation stopping illegal immigrants from being given asylum

Mr Trump is using the same powers he used to push through a version of the travel ban that was upheld by the Supreme Court. The proclamation puts into place regulations adopted Thursday that circumvent laws stating that anyone is eligible for asylum no matter how he or she enters the country.

"We need people in our country but they have to come in legally and they have to have merit," Mr Trump said Friday as he prepared to depart for Paris.

Omar Jadwat, director of the American Civil Liberties Union’s Immigrants’ Rights Project, said: “US 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.”

Administration officials say the measures are in effect for at least three months, but could be extended. They go into effect Saturday and dont affect people who are already in the country.

The Trump administration has said it will deny asylum to migrants who enter the country illegally, invoking extraordinary presidential national security powers to tighten the border as caravans of Central Americans slowly approach the United States.

US immigration officials move to restrict asylum at border

The changes are meant to funnel asylum seekers through official border crossings for speedy rulings, officials said, instead of having them try to circumvent such crossings on the nearly 2,000-mile (3,200-kilometer) border.

Those forms of protection include “withholding of removal” — which is similar to asylum, but does not allow for green cards or bringing families — or asylum under the United Nations Convention Against Torture.

But the busy ports of entry already have long lines, forcing immigration officials to tell some migrants to turn around and come back to make their claims.

The move was spurred in part by caravans of Central American migrants slowly moving north on foot but will apply to anyone caught crossing illegally, officials said. Its unknown whether those in the caravan, many fleeing violence in their homeland, plan to cross illegally.

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.

Trump administration moves to crack down on asylum claims

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.

The measures are meant to funnel asylum seekers through official border crossings for speedy rulings, officials said, instead of having them try to circumvent such crossings on the nearly 2,000-mile border.

Trump takes major step to restrict asylum claims – live updates

Those forms of protection include "withholding of removal" – which is similar to asylum, but doesnt allow for green cards or bringing families or asylum under the United Nations Convention Against Torture.

The official said: "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."

Video: White House to end asylum access on southern border

Homeland Security officials said they were revising staffing at the border crossings manage the crush, but its not clear how migrants, specifically families, would be held as their cases are adjudicated.

Omar Jadwat, director of the American Civil Liberties Unions Immigrants Rights Project, said: "US 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."

Trumps new asylum policy: most border crossers will be barred

Family detention centers are largely at capacity. Mr Trump has said he wanted to erect "tent cities," but nothing has been funded or decided.

The US is also working with Mexico to send some migrants back across the border. Right now, laws allow only Mexican nationals to be swiftly returned.

The latest crackdown on illegal immigration is expected to be challenged in the courts by civil liberties groups, who argue that anyone who reaches US soil is entitled to make an asylum claim.

The announcement was the latest push to enforce Mr Trumps hardline stance on immigration through regulatory changes and presidential orders, bypassing Congress which has not passed any immigration law reform.

A senior administration official said the restriction on asylum claims will seek to address the "historically unparalleled abuse of our immigration system".

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 Mr Trump to scrap them.

The regulation would largely affect migrants from the Northern Triangle – Guatemala, Honduras and El Salvador – who have been crossing the US border with Mexico.

US: Proposed Asylum Regulation Violates Law

The new changes were likely to be met with legal challenges, too. Omar Jadwat, director of the American Civil Liberties Unions Immigrants Rights Project, said Thursday they were clearly illegal.

"US 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 restriction is designed to deter migrants from entering the country, including a caravan of South American refugees making their way toward the US-Mexico border. It was published last night and awaiting the presidents signature.

Curbing immigration has been a signature issue for Mr Trump, who pushed it hard in the days leading up to Tuesdays midterm elections, railing against the caravans that are still hundreds of miles from the border.

A senior White House official said that the measure would address the historically unparalleled abuse of our immigration system along the border with Mexico.

He has made little mention of the issue since the election but has sent troops to the border in response.

The Trump administration has announced that people who enter the United States illegally will no longer be able to claim asylum.

Trumps asylum ban, explained

As of Thursday, there are more than 5,600 US troops deployed to the border mission, with about 550 actually working on the border in Texas.

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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.

US crackdown on asylum for migrants

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.

Mr 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.

Trump administration moves to curb migrants asylum claims

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 Diegos main crossing.

In 2017, the US fielded more than 330,000 asylum claims, nearly double the number two years earlier and surpassing Germany as highest in the world.

The Trump administration moved Thursday to order a sweeping new change meant to limit asylum claims by immigrants seeking to come to the U.S. 

President Trump signs order limiting asylum, says people must come in legally

We need people in our country but they have to come in legally and they have to have merit, Trump told reporters before leaving for Paris.

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. Todays 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.

Late on Thursday afternoon, the Trump administration announced new restrictions on asylum seekers at the border with Mexico, in a move that experts said violated immigration laws.

You must be aware that your public comments criticizing Mr. Muellers investigation have been widely circulated. At various opportunities – in print, on television, and through social media – you have suggested cutting the Special Counsels budget or limiting his authority to follow lines of inquiry. As prosecutors and law enforcement officials committed to the rule of law, we believe that the independent Special Counsel must have the full authority to investigate and, if warranted, prosecute any violations of federal law.

The new regulation declares that people can apply for asylum along the US-Mexican border only at official ports of entry. Administration officials said the restrictions will go into effect on Saturday and will be in place for at least three months. They do not apply retroactively to people who have already crossed the border.

The government regards it as an emergency measure to channel asylum seekers to ports of entry, but comes in the face of hostile rhetoric from the president where he has repeatedly described desperate Central Americans fleeing places blighted by poverty and violence to seek succor in the US as an invasion.

Should that count show DeSantis with a margin of less than 0.5 percentage points, triggering a recount, AP will retract its call for DeSantis. It is AP policy not to call a race that is facing a recount. If the race proceeds to a recount, no new call will be made until the recount is complete and the results of the election are certified by Florida officials.

Illegal migrants ll no longer qualify for asylum, Trump proclaims

However, the Immigration and Nationality Act says very clearly that any person can apply for asylum whether or not at a designated port of arrival, said Tom Jawetz, vice-president for immigration policy at the Center for American Progress, in a statement.

US to deny asylum claims to illegal border crossers

Read more The Trump administration has a track record of proclaiming illegal immigration restrictions that are later thrown out in court, beginning with multiple travel bans the White House attempted to impose shortly after Trumps inauguration. A narrow and temporary version of Trumps travel ban was allowed to take effect.

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In its rush to obstruct asylum seekers, the administration is attempting an end run around the law, said Beth Werlin, executive director of the American Immigration Council. Congress has spoken clearly. Individuals are not required to ask for asylum at a port of entry. Any person in the United States must have access to the asylum process.

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Motivated by a sense of moral purpose and in accordance with international norms settled after the second world war, the United States accepts asylum applicants who fear persecution in their home countries due to race, religion, nationality, membership in a particular social group or political opinion.

Just under 40,000 applications for asylum in the United States were made by Mexicans and Central Americans in the five fiscal years from 2011 through 2016, while about 35,000 came from China, according to the Transactional Records Access Clearinghouse (Trac), a data-gathering organization at Syracuse University.

The reasonable fear standard is used only in rare cases under the status quo — for immigrants whove already been ordered deported and returned to the US, and immigrants who have committed serious crimes. But the difference in pass rates is striking. In credible fear interviews, about 75 percent of all asylum seekers pass. In reasonable fear interviews, a little more than 25 percent do. Even assuming that many asylum seekers who are currently subject to the credible fear standard would also pass the more stringent one, thats still thousands of immigrants a month who would end up failing their screening interviews and being summarily deported.

The rejection rate of more than 80% for Mexican and Central American asylum-seekers is far higher, however, than the rejection rate for Chinese asylum-seekers, 22%. Trac figures indicate that a couple of hundred Mexicans at most are granted US asylum each year.

Generally, if the asylum officer determines that she has a credible fear of persecution (in other words, that theres a significant possibility shed be persecuted if deported based on her race, nationality, religion, political opinion, or membership in a particular social group), she is allowed to go before an immigration judge in the same court process that unauthorized immigrants arrested while living in the US are entitled to. There, shes able to make her case for asylum. And in the meantime — since immigration court hearings take months or years — shes legally able to work and live in the US.

Trump moves to restrict asylum access at the U.S.-Mexico border

But if the new Trump regulations seemed ill-equipped to ease pressure on the overwhelmed US asylum system, they could serve the purpose of tying Trumps political identity even more tightly to Americans concerns about immigrants from Central America and Mexico.

US immigration officials move to curb asylum claims

In the weeks leading up to the midterm elections, Trump raised alarm about an invasion of immigrants from the south and even deployed the US military to the border – in an operation that the administration and media wholly dropped after the elections.

While the administration clearly felt an urgent need to politicize the plight of a group of people – mostly mothers and children – traveling slowly through Mexico in advance of Tuesdays midterm elections, that hardly provides the urgency needed to justify putting this cruel policy in place without first hearing from the public, Jawetz said.

Done With Mere Law, The Trump Administration to Violate Basic Human Decency With New Asylum Restrictions

With the Trump administration, its useful to remember that as much as they embrace fear-mongering and anti-immigrant bias for their perceived political benefits, they are also committed to furthering an anti-immigrant and anti-refugee agenda every single day.

The new Trump policy was signed by the homeland security secretary, Kirstjen Nielsen, the lead apologist for Trumps policy of family separations at the border, and by the acting attorney general, Matthew Whitaker, whose appointment on Wednesday was deemed plainly illegal by John Yoo, who crafted the George W Bush administrations legal argument for torture.

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