Trump Violating Law by Rejecting Asylum Applications

Trump Violating Law by Rejecting Asylum Applications November 9, 2018

It’s been clear from the start that Trump was going to try to prevent those Central American refugees in the caravan from applying for asylum, but it hasn’t been clear how exactly they plan to do that. Now we know. By “funneling” them to get them to apply for asylum in Mexico instead of the United States.

Credit: MiguelB

“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 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. “Channeling those aliens to ports of entry would encourage these aliens to first avail themselves of offers of asylum from Mexico.”

But this violates federal law, which explicitly says that they can apply for asylum whether they enter at a legal port of entry or cross illegally. And that law does not require that they apply for asylum in the country they passed through to get here. U.S. Code, Title 8, Section 1158 could not be more clear:

“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.”

For all those claiming that Trump is trying to enforce he laws, you need to shut up. He’s the one actively violating our immigration laws, not enforcing them.

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