Trump administration tightens rules on asylum for immigrants
National security powers invoked
WASHINGTON — The Trump administration introduced new measures Thursday to deny asylum to migrants who enter the country illegally, invoking national security powers to curb longstanding humanitarian protections for foreigners arriving on American soil.
The restrictions will invoke authorities used by President Donald Trump to implement his “travel ban” in early 2017, according to senior administration officials who outlined them, and apply indefinitely.
The measures are expected to face swift legal challenges. Immigrant advocacy groups insist U.S. laws clearly extend asylum protections to anyone who reaches the country and expresses a fear of persecution.
Administration officials said the Supreme Court has upheld the president’s broad executive powers on such matters and that the restrictions rolled out Thursday represent a reasonable response as the nation’s immigration system drowns in what they characterized as frivolous asylum claims.
“Those who enter the country between [official] ports of entry — i.e. illegally — are knowingly and voluntarily breaking the law,” one administration official said. “So it’s just important to remind everybody that while all immigration laws do afford people various forms of protection, the reality is that it’s a violation of federal law to enter our country in the manner that these illegal aliens are entering the country.” Mr. Trump is preparing to issue a proclamation asserting the emergency powers, and the rule changes will be published Friday in the Federal Register, according to the officials, who spoke with the media on the condition of anonymity.
These asylum restrictions mark the administration’s latest attempt to prevent immigrants and foreigners from entering the United States. Thursday’s announcement comes as an estimated 7,000 to 10,000 Central Americans move north through Mexico in caravans. Mr. Trump has demanded new tools to stop them from entering the United States and ordered the deployment of U.S. troops to back up border agents.
“Our nation is experiencing an unprecedented crisis on our Southern Border,” the Department of Homeland Security said in a statement. “Low standards for claiming a fear of persecution have allowed aliens with meritless claims to illegally enter our country, claim “credible fear,” and then in many cases be released pending lengthy proceedings.”
Detention capacity at U.S. immigration jails is nearly maxed out, and court-imposed limits on the government’s ability to hold children in immigration jails mean caravan families who seek protection are still likely to be released into the United States pending a hearing.
“Congress very specifically said you can apply for asylum if you arrive in the United States regardless of whether you’re at a port of entry,” said Omar Jadwat, director of the American Civil Liberties Union’s Immigrants’ Rights Project. “They clearly and explicitly meant to make asylum available to anyone who reaches the United States.
“We do this because of our obligations under international law and who we are as a country, and what we understand our role to be in terms of protecting people fleeing persecution,” added Mr. Jadwat, who said ACLU attorneys have been anticipating the new measures and reviewing legal options. “If the president doesn’t like what the law says, the way to address it is to get Congress to pass a new one.”
Under U.S. immigration laws, foreigners who arrive on American soil stating a fear of return can request asylum as a shield against deportation. A U.S. asylum officer then conducts an interview to determine if the person has a “credible fear” of persecution, in which case the applicant is typically assigned a court date and released from custody.
The Trump administration’s new measures would continue to allow foreigners to request asylum if they enter the country legally at U.S. ports of entry, but not those who cross without authorization, administration officials said.