Trump administration moves to curb migrants' asylum claims
Trump administration moves to curb migrants' asylum claims
Trump administration takes step to tighten asylum system
09 November, 2018, 15:46
Administration officials have said existing U.S. asylum rules encouraged illegal immigration and bogged down legitimate claims.
Last week, he said he would be taking steps to limit asylum claims.
The regulations will be incorporated in a proclamation expected to be issued Friday by President Donald Trump.
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 US, and it doesn't matter how they arrive - illegally or through a border crossing. Generally, only about 20 per cent of applicants are approved.
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. Those issues were not addressed by the regulations Thursday.
"Those who enter the country between ports are knowingly and voluntarily breaking the law", one unnamed official told reporters, the Post reported.
In speeches and on Twitter, Trump hammered away almost daily at "caravans" of a few thousand impoverished Central Americans that periodically attempt to walk up through Mexico and then gain entry to the United States. "So while immigration laws afford people various forms of protection, there's a violation of federal law in the manner these illegal aliens are entering the country".
The move was spurred in part by the caravan, but will apply to anyone caught crossing illegally, officials said.
The Immigration and Nationality Act (INA 208 (b)(2)(C)) unambiguously states that ineligibility grounds for asylum established by regulation must be "consistent with" section 208 of the INA, which explicitly says that aliens may lodge asylum claims "not at a designated port of entry".
"Ports of entry. are overcrowded", said Jonathan Ryan, executive director of Texas-based Refugees and Immigrant Centre for Education and Legal Services (RAICES).
"Congress has directly spoken to this question as to whether individuals can be rendered ineligible for asylum if they cross between ports of entry and has specifically said people are eligible regardless of where they cross", said Lee Gelernt, an attorney with the American Civil Liberties Union.
Officials have turned away asylum seekers at border crossings because of overcrowding, telling them to return later.
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