Houston Chronicle

Border crackdown

President might sign executive order before caravan arrives at U.S.

- By Julie Hirschfeld Davis

President Donald Trump is considerin­g executive orders to fortify the border before a caravan of asylum-seekers from Central America reaches it.

President Donald Trump is considerin­g a major speech Tuesday to announce a broad crackdown on the southern border, administra­tion officials said Friday, making a significan­t play to energize his anti-immigrant base one week before midterm congressio­nal elections where Republican control of Congress is at stake.

Trump is expected to use the remarks to outline his plans to fortify the border, including executive actions he is considerin­g to deny entry to Central American migrants and asylum-seekers, and the deployment of hundreds of U.S. Army troops to aid in the effort.

Is it legal?

A bid to slash financial aid to Central American countries whose citizens are making their way north toward the border also is under discussion, according to people briefed on the discussion­s.

Even as the president’s advisers met Friday to nail down the details of the multiprong­ed border operation, human rights groups raised concerns about Trump’s plans, calling them politicall­y motivated and potentiall­y in violation of U.S. and internatio­nal law.

The biggest source of worry is executive action that Trump is weighing to essentiall­y make it impossible for a large group of Central American migrants trekking north through Mexico to be able to seek refuge in the U.S.

The plan, according to people familiar with it who spoke on condition of anonymity, would include a change in the rules governing asylum eligibilit­y along with a presidenti­al proclamati­on characteri­zing the so-called caravan as a national emergency and barring its participan­ts from entering the country.

It is not clear that such a presidenti­al directive would be legal either under U.S. immigratio­n law or internatio­nal law, both of which contain obligation­s to evaluate the individual claims of people who present themselves to authoritie­s and ask for asylum.

In addition, Trump would be hard-pressed to demonstrat­e that the caravan — a group currently estimated at 6,000 or fewer people and largely women and children, and is roughly 1,000 miles south of the border — constitute­s a national emergency. Given the legal issues involved, it could take months or even years for the plan to actually remove would-be immigrants from the U.S.

Still, in considerin­g the strategy, Trump appeared to be betting that the political impact would be more immediate. He has called the caravan a “blessing in disguise” for Republican­s in the runup to the Nov. 6 elections, as he seeks to demonize its participan­ts and tie them to Democrats and progressiv­e groups.

“This is much more about the optics before the election than the legality of the president’s action,” said Jennifer Quigley, a refugee specialist at Human Rights First. “The caravan represents such a minuscule number of people coming toward our border that it just strains credulity to say that this is a national emergency that demands immediate action.”

Under the plan, which is still under discussion and could change, the Homeland Security and Justice department­s would jointly issue new rules that would disqualify migrants who cross the border in between ports of entry from claiming asylum, according to people familiar with the discussion­s but who were not authorized to discuss the planning. Exceptions would be made for people facing torture at home.

‘Huge moral failure’

Trump would then invoke broad presidenti­al powers to bar foreigners from entering the country for national security reasons — under the same section of immigratio­n law that underpinne­d the travel ban — to issue a proclamati­on blocking migrants from crossing the southern border, according to the plans under discussion. It was not clear how broad the directive would be, including whether it would apply only to people from certain countries or those arriving within a certain period of time.

Several refugee advocacy groups condemned the proposal and said they would consider legal action to block it if Trump followed through.

Omar Jadwat, director of the ACLU’s Immigrants’ Rights Project, said it was “disgracefu­l” that Trump would even consider such moves.

“It would mean refusing to protect people who can prove they are fleeing persecutio­n,” Jadwat said. “That would be a huge moral failure, and any plan along these lines will be subject to intense legal scrutiny.”

 ?? Guillermo Arias / AFP / Getty Images ?? Honduran migrants, part of a caravan heading to the U.S., board a truck Friday in southern Mexico. The U.S. is expected to deploy troops to the border to help tackle a “national emergency.”
Guillermo Arias / AFP / Getty Images Honduran migrants, part of a caravan heading to the U.S., board a truck Friday in southern Mexico. The U.S. is expected to deploy troops to the border to help tackle a “national emergency.”

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