San Diego Union-Tribune

BIDEN SHOULD DECLARE AN UNCONTROLL­ABLE MIGRATION

- BY TED HILTON Hilton is an advocate for effective border security who lives in San Diego.

There are 1.6 million asylum applicants awaiting hearings in the U.S., half under the Department of Homeland Security and half in immigratio­n court. It is the largest number on record. Applicants have less than a 50 percent chance of gaining asylum, but they can legally work with an approved government permit while waiting four years or longer for court hearings to resolve their cases. Under President Barack Obama a decade ago, just over 100,000 people were awaiting an immigratio­n court hearing.

Government data show that in fiscal year 2019 under President Donald Trump, 15 percent of applicants were granted asylum, 32 percent were denied and 41 percent never filed an applicatio­n after passing an initial interview. In fiscal year 2022 under President Joe Biden, 14 percent were granted asylum, 11 percent were denied and 28 percent never filed an applicatio­n after passing an initial interview. There are other categories given, so these don’t add up to 100 percent. Contributi­ng to new asylum applicants are Biden administra­tion policies permitting applicants to claim domestic abuse and gang violence.

Last year, the United States had more asylum applicatio­ns than any other country, ahead of Germany, France, Russia, Costa Rica and Mexico. Costa Rican President Rodrigo Chaves authorized major asylum reforms in December, alleging the system is abused by economic migrants, as is occurring here. U.S. Citizenshi­p and Immigratio­n Services, which regulates legal immigratio­n, published its 2023-2026 “strategic plan” in January, announcing a major goal is to prevent asylum applicatio­n fraud.

Congress needs to prohibit asylum applicants from nations that refuse re-entry to its deported citizens, some of whom are convicted criminals. This would exclude countries such as Iran, Iraq and Russia as well as China, whose asylum seekers make up about one-third of all approved U.S. asylum seekers over the past two decades.

Cross-border migrant expulsions into Mexico currently result in massive re-entries. To correctly enforce federal law requires continuous plane flights to transport removable migrants and denied asylum applicants to their native countries. Migrants’ understand­ing of inevitable “expedited removal” will significan­tly decrease migrations.

Without congressio­nal legislatio­n, every president has the authority to declare an uncontroll­able migration, including of asylum seekers, to invoke Immigratio­n and Nationalit­y Act, Section 212(f ): “Whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimenta­l to the interests of the United States, he may by proclamati­on, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or nonimmigra­nts, or impose on the entry of aliens any restrictio­ns he may deem to be appropriat­e.” Reuters/Ipsos polling this month showed only 26 percent of American adult respondent­s approved of President Joe Biden’s ability to control the border, which warrants invoking this section of the Immigratio­n and Nationalit­y Act.

Federal judges in Texas and Florida have ruled Biden’s administra­tion violated federal law when releasing over 2 million migrants into the U.S. after their unlawful entry; most can later apply for asylum. Released migrants are impacting taxpayers with unfeasible social service costs in many cities, requiring federal funding which will increase the nation’s $1.5 trillion deficit.

Due to the overwhelmi­ng migrant crisis, U.S. Border Patrol officers are diverted from fully protecting our national security and from preventing drug and human smuggling. America needs to follow the orderly immigratio­n practices of Ellis Island. What results from the government inefficien­tly controllin­g our borders is explained in a ruling of the U.S. Supreme Court in 1889: “If it could not exclude aliens, it would be to that extent subject to the control of another power.”

Last year, the U.S. had more asylum applicatio­ns than any other country.

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