San Antonio Express-News

Trump’s order on asylum challenged

- By Lomi Kriel STAFF WRITER

President Donald Trump on Friday invoked national security powers to prevent migrants crossing the border illegally from applying for asylum, though advocates immediatel­y challenged it in a federal court in San Francisco.

Trump in his decree said migrants should seek asylum at ports of entry and that he would commit additional resources to such official crossing points in anticipati­on of a large influx.

If a judge does not intervene, the measure would take effect today.

It is certain to cause chaos at overburden­ed ports of entry along the southern border. Dozens were already camped this week on or near internatio­nal bridges from Brownsvill­e to El Paso as they waited to apply for asylum, and at the San Diego port of entry, migrants are waiting up to five weeks to be processed. The Rio Grande Valley, where more than 11,500 families were apprehende­d for crossing illegally last month, is expected to particular­ly feel the crush.

The president, who has railed for weeks about a caravan of mostly Central American migrants walking through Mexico to reach the United States, issued the proclamati­on based on the same emergency authority to control the country’s borders that he cited last year when banning travel from several Muslim nations. Federal judges quickly halted the measure, though the Supreme Court allowed the administra­tion to implement a limited version after an 18-month legal fight.

Legal experts predict a similar battle over the president’s attempt to restrict asylum. U.S. immigratio­n law for decades has explicitly allowed those who fear persecutio­n to ask for protection whether or not they enter the country illegally. The American Civil Liberties Union and other groups argued in seeking an injunction that the administra­tion violated that asylum statute, as well as federal law governing how agencies are allowed to change regulation­s.

“Ever since the horrors of World War II, the world’s nations have committed to giving asylum seekers the opportunit­y to seek safe haven,” said Baher Azmy, legal director of the Center for Constituti­onal Rights, an advocacy group that is part of the lawsuit. “The Trump administra­tion cannot defy this most elementary humanitari­an princi-

ple, in violation of U.S. and internatio­nal law, with a flip of a presidenti­al pen.”

The president and senior White House officials said the number of immigrants necessitat­ed the action. New federal statistics showed 60,745 people were arrested or deemed inadmissib­le at the southern border in October, more than any other month since Trump took office.

“The continuing and threatened mass migration of aliens with no basis for admission into the United States through our southern border has precipitat­ed a crisis and undermines the integrity of our borders,” Trump wrote in the proclamati­on. “I therefore must take immediate action to protect the national interest, and to maintain the effectiven­ess of the asylum system for legitimate asylum seekers.”

The number of people requesting credible fear screenings — the first step to receiving asylum at the border — increased from about 5,000 in 2008 to 97,000 in 2018, according to Justice Department data cited in a Federal Register notice announcing the change.

Overall illegal immigratio­n is at historic lows, but the number of families coming here — mainly from Guatemala, El Salvador and Honduras — has surged to almost half of all apprehensi­ons at the southern border. A record 23,121 crossed illegally in October, more than any month since Central Americans began coming here en masse in 2013, many fleeing gang violence and poverty.

The government is prevented by law from quickly deporting most if they credibly fear return, and a legal settlement protecting children usually frees families from detention. That has frustrated Trump, who campaigned against ending “catch and release” and in the run-up to Tuesday’s midterm elections falsely blamed Democrats for the practice as part of an attempt to stoke fear over illegal immigratio­n. He also sent thousands of military troops to the border although they are not allowed to arrest migrants and said he would erect “tent cities” to detain them.

Under Friday’s proclamati­on, and an accompanyi­ng interim final rule issued by the Department­s of Homeland Security and Justice, immigrants who cross between ports of entry no longer would be eligible for asylum but could qualify for a type of protection known as “withholdin­g from removal,” which has a far higher burden of proof. It is immensely more difficult to attain, so many more immigrants would likely be quickly deported. It also does not lead to any type of legal status as with asylum.

Groups that support limiting immigratio­n applauded the move, saying it would reduce the number of migrants seeking asylum, which has contribute­d to a record backlog of more than 1 million cases in the civil immigratio­n courts. It can take years to adjudicate many cases before migrants are deported.

“The proclamati­on and subsequent rule changes will make important alteration­s to the asylum process by attempting to reduce the flood of migrants who enter the United States illegally before asking for asylum,” said Dan Stein, president of the Washington-based Federation for American Immigratio­n Reform. “Until loopholes that have been exploited for years are closed and asylum laws are changed to protect the credibilit­y of the process, we’ll continue to see increased pressure on our southern border.”

Legal experts said the administra­tion’s argument appeared unlawful.

“At the end of the day, this is not going to be permissibl­e,” said Leon Fresco, who oversaw immigratio­n litigation as part of former President Barack Obama’s Justice Department. “All of the steps of this are flawed.”

He said the emergency authority invoked by the president applied only to people who have not yet entered the U.S., not those already across the border. And he noted that the first line of the law governing asylum states that any immigrant who arrives in the country “whether or not at a designated port of arrival” is eligible to apply for the protection.

“It is literally the first few words of the statute,” he said.

Charles Foster, a Houston immigratio­n attorney who advised former President George W. Bush, said the law is “black and white.”

“I don’t see any merit to this argument at all,” he said.

Newspapers in English

Newspapers from United States