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[webfact]

Trump administration takes step to limit migrants' asylum claims

By Yeganeh Torbati

 

U.S. Secretary of Homeland Security Kirstjen Nielsen visits the DHS Election Operations Center and National Cybersecurity and Communications Integration Center (NCCIC) in Arlington, Virginia, U.S. November 6, 2018. REUTERS/Jonathan Ernst

 

WASHINGTON (Reuters) - 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.

 

"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. "Channelling 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."

 

(Reporting by Yeganeh Torbati; Editing by Dan Grebler and Peter Cooney)

 

-- © Copyright Reuters 2018-11-09

[helpisgood]

2 hours ago, webfact said:

"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."

 

Here's a link to the US statute (8 USC sec. 1158) which, at least appears to me, applies to aliens seeking asylum and where they can do so:

 

https://www.law.cornell.edu/uscode/text/8/1158

 

It does state under subsection (a)(1) that an alien can apply for asylum...

 

"...whether or not at a designated port of arrival and including an alien who is brought to the United States after having been interdicted in international or United States waters...."

 

However, below that subsection are exceptions including one regarding a "safe third country."  Check the above link for details.    

 

I am not familiar with immigration law, but I do know that any rule that the Trump administration writes must fall within the scope of this statute.  So, I am guessing that the ACLU director is arguing that this new rule falls outside the scope.  

 

Again, I don't know that much about it to say either way, but here's a starting point for discussion.

 

If someone out there knows more about how this works, I'd love to hear from you.

 

[metisdead]

An off topic post and a reply has been removed. 

[radiochaser]

4 hours ago, helpisgood said:

 

Here's a link to the US statute (8 USC sec. 1158) which, at least appears to me, applies to aliens seeking asylum and where they can do so:

 

https://www.law.cornell.edu/uscode/text/8/1158

 

It does state under subsection (a)(1) that an alien can apply for asylum...

 

"...whether or not at a designated port of arrival and including an alien who is brought to the United States after having been interdicted in international or United States waters...."

 

However, below that subsection are exceptions including one regarding a "safe third country."  Check the above link for details.    

 

I am not familiar with immigration law, but I do know that any rule that the Trump administration writes must fall within the scope of this statute.  So, I am guessing that the ACLU director is arguing that this new rule falls outside the scope.  

 

Again, I don't know that much about it to say either way, but here's a starting point for discussion.

 

If someone out there knows more about how this works, I'd love to hear from you.

 

An important part of the law that you referenced, i.e.  8 U.S. Code § 1158 - Asylum

Paragraph (a), subparagraph (1), that you copied is the beginning of the sentence marked with arrows below: 

(a)Authority to apply for asylum

(1)In general

Any alien  >>-->who is physically present in the United States <--<<  >>-->or who arrives in the United States <--<< (whether or not at a designated port of arrival and including an alien who is brought to the United States after having been interdicted in international or United States waters), irrespective of such alien’s status, may apply for asylum in accordance with this section or, where applicable, section 1225(b) of this title.

 

My reading of this is based on my past experience of enforcing National and International law for 10 years and the enforcement of only National law a few years later, also for 10 years.  This would include Rules and Regulations under one of the Code of Federal Regulations.  The caveat being, that it was not immigration law. 

This did give me a better ability on how to read the Federal Laws. When you read a paragraph or subparagraph and you see a reference to another section of law, e.g. "section 1225(b) of this title", you have find and read and understand that section and any other section, paragraph, or subparagraph that is also referenced.  Up to a point.  You have to make a decision how deep into the other sections you should read and that takes experience most often.  

One of the important words in the beginning of paragraph (a) Authority to apply for asylum, subparagraph (1) In general, is the preposition, "in", (according to a very old dictionary I have at hand) meaning, within; inside of; surrounded by.  As in, "physically present in" or, "arrives in".  

There are places that are designated as "ports of arrival" at which you can, enter, the United States, or having been found at a location within the United States, other than a designated "ports of arrival".  Also within the parenthesis is the reference to those people that have been found in both international and U.S. waters that have been "brought to the U.S.", most likely by the U.S. Coast Guard, but it could be any of the other personnel employed by the U.S. Government.  

It really is not as simple as reading those words withing the parenthesis, "(whether or not at a designated port of arrival and including an alien who is brought to the United States after having been interdicted in international or United States waters)" and saying that the immigrants can ask for asylum, when they arrive, "at" the border of the United States, that is not a designated port of entry.  Such as at the border in Brownsville or El Paso, TX.  

 

P.S. I don't yet know what the new rule is, that Trump supposedly wants, or that the ACLU is arguing is outside the scope of the Immigration Law.  All I understand at this time is that, it may apply to the migrants that are coming up from Honduras.  

P.S.S.  Trying to read those Immigration Laws, rules, and regulations, is like any of the others under the Code of Federal Regulations.  They can drive you batty, or you can lose one of your marbles, or become fruity as a fruitcake, or can keep your elevator from going all the way to the top!  Be careful out there!

Edited November 9, 2018 by radiochaser