Trump to limit asylum seekers to legal border entry points
WASHINGTON — The Trump administration is using travel ban-like authority to substantially curtail the ability for immigrants to seek asylum in the U.S.
The administration took the first step Thursday to bar immigrants from applying for asylum if they cross the southern border illegally. On Friday, President Trump is likely to issue a proclamation implementing the ban, a senior administration official suggested in a briefing.
The ban will apply to future illegal border crossers, not those who have already entered the country, the official said.
The move, which was first reported by The Chronicle last month, comes as a caravan of thousands of impoverished migrants is slowly traveling through Mexico toward the U.S. The migrants are still several weeks away from the
border, but Trump has already sent 5,000 troops to the Southwest to prepare for their possible arrival.
Trump’s proclamation will apply only to those who cross the U.S.-Mexican border illegally. The goal, said a second administration official, is to “funnel” asylum seekers to legal border crossings, where the government is “better resourced” and has “better capabilities and better manpower and staffing.”
But the rule could have overwhelming consequences for ports of entry like San Ysidro in San Diego County, which is the busiest land crossing in the Western hemisphere and already struggles to process immigrants who arrive seeking asylum, with wait times often approaching weeks.
Administration officials did not answer a question about how the ports of entry would be able to accommodate even more immigrants.
The San Ysidro crossing can process 50 to 100 immigrants a day, according to Customs and Border Protection Commissioner Kevin McAleenan. There were days in July when the line was 1,000 people long.
Officials cannot legally turn away immigrants seeking asylum at recognized border crossings. But they do conduct what’s called “metering,” stopping immigrants before they get to the crossing and telling them they have to come back.
That has created desperate situations south of the border. An inspector general’s report analyzing the administration’s handling of the family separation crisis this summer blamed metering for causing more people to cross into the U.S. illegally.
Federal law says asylum protections, which afford a path to citizenship for qualifying immigrants who fear persecution in their home countries, are available to immigrants “whether or not” they arrive at a legal crossing. The administration argues that other provisions of the law allow them to restrict that.
Immigrant advocates disagree, and have already said they will sue to block Trump’s expected proclamation.
“The asylum ban is patently unlawful and disregards our nation’s long commitment to providing a safe haven for those fleeing danger. Court challenges are coming,” said Lee Gelernt, a lead immigration attorney for the American Civil Liberties Union.