Trump’s move to refuse asy­lum chal­lenged in court

Bangkok Post - - WORLD -

>> WASH­ING­TON: Pres­i­dent Don­ald Trump’s procla­ma­tion to deny asy­lum to mi­grants who en­ter the coun­try il­le­gally was im­me­di­ately chal­lenged in court.

Mr Trump in­voked the same pow­ers he used last year to im­pose a travel ban that was up­held by the Supreme Court. The new reg­u­la­tions are in­tended to cir­cum­vent laws stat­ing that any­one is el­i­gi­ble for asy­lum no mat­ter how he or she en­ters the coun­try. About 70,000 peo­ple per year who en­ter the coun­try il­le­gally claim asy­lum, of­fi­cials said.

“We need peo­ple in our coun­try, but they have to come in legally,’’ Mr Trump said on Fri­day as he de­parted for Paris.

The Amer­i­can Civil Lib­er­ties Union (ACLU) and other le­gal groups swiftly sued in fed­eral court in North­ern Cal­i­for­nia to block the reg­u­la­tions, ar­gu­ing the mea­sures were il­le­gal.

“The pres­i­dent is sim­ply try­ing to run roughshod over Con­gress’s de­ci­sion to pro­vide asy­lum to those in dan­ger re­gard­less of the man­ner of one’s en­try,’’ said ACLU at­tor­ney Lee Gel­ernt.

The lit­i­ga­tion also seeks to put the new rules on hold while the case pro­gresses.

The reg­u­la­tions went into ef­fect yes­ter­day. They would be in place for at least three months but could be ex­tended, and don’t af­fect peo­ple al­ready in the coun­try. The Jus­tice De­part­ment said in a state­ment the reg­u­la­tions were law­ful.

Mr Trump’s an­nounce­ment was the lat­est push to en­force a hard-line stance on im­mi­gra­tion through reg­u­la­tory changes and pres­i­den­tial or­ders, by­pass­ing Con­gress, which has not passed any im­mi­gra­tion law re­form. 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 re­treat.

Of­fi­cials said changes to the asy­lum law are meant to fun­nel mi­grants through of­fi­cial bor­der cross­ings for speedy rul­ings in­stead of hav­ing them try to cir­cum­vent such cross­ings on the nearly 3,200 kilo­me­tre long bor­der. The US Bor­der Pa­trol says it ap­pre­hended more than 50,000 peo­ple cross­ing il­le­gally in Oc­to­ber, set­ting a new high this year, though il­le­gal cross­ings are well be­low his­tor­i­cal highs from pre­vi­ous decades.

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

“The ar­rival of large num­bers ... will con­trib­ute to the over­load­ing of our im­mi­gra­tion and asy­lum sys­tem and to the re­lease of thou­sands ... into the in­te­rior of the United States,’’ Mr Trump said in the procla­ma­tion, call­ing it a cri­sis.

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

Home­land Se­cu­rity of­fi­cials said they were adding staffing at the bor­der cross­ings to man­age the ex­pected crush, but it’s not clear how mi­grants, specif­i­cally fam­i­lies, would be held as their cases are ad­ju­di­cated. Fam­ily de­ten­tion cen­tres are largely at ca­pac­ity. Mr Trump has said he wanted to erect “tent cities’’, but noth­ing has been funded.

The US is also work­ing with Mex­ico in an ef­fort to send some mi­grants back across the bor­der. Right now, laws al­low only Mex­i­can na­tion­als to be swiftly re­turned and in­creas­ingly those claim­ing asy­lum are from Cen­tral Amer­ica.

HOPES DASHED: Peo­ple seek­ing asy­lum in the United States are seen through fence at the San Ysidro Port of En­try on Fri­day.

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