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Trump moves to restrict asylum claims at border

JANFU

Not quite there yet, but getting close
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https://thehill.com/homenews/administration/415800-trump-moves-to-restrict-asylum-claims-at-border
Needless to say this is off to the Courts. Now has Trump exceeded his authority? We shall see
Has there been an increase in asylum seekers, overwhelming the system? Yes
Is this the answer?

The Trump administration said Thursday it's moving ahead with a plan to clamp down on asylum claims, a controversial move designed to escalate President Trump's broader efforts to crack down on illegal immigration.

The Justice Department and Department of Homeland Security published a joint rule prohibiting certain people caught crossing the U.S. southern border from Mexico between ports of entry from claiming asylum.

https://www.bloomberg.com/news/arti...strict-asylum-claims-by-migrants?srnd=premium
The new restrictions on asylum claims won’t take effect until Trump issues a proclamation limiting or suspending entry into the U.S. from Mexico, according to the rule. Trump plans to issue the proclamation on Friday, an administration official who asked not to be identified told reporters in a briefing.

According to U.S. law, any migrant who enters the country “whether or not at a designated port of arrival” can apply for asylum. The administration believes it can modify that with its new rule. Many migrants who cross the border with Mexico illegally -- especially children and families -- present themselves to Customs and Border Patrol officers as soon as they can and claim asylum.

https://www.justice.gov/opa/pr/doj-and-dhs-issue-new-asylum-rule
FOR IMMEDIATE RELEASE
Thursday, November 8, 2018
DOJ and DHS Issue New Asylum Rule
Applies President’s authority to suspend entry to asylum

Acting Attorney General Matthew Whitaker and Department of Homeland Security Secretary Kirstjen Nielsen today announced an Interim Final Rule declaring that those aliens who contravene a presidential suspension or limitation on entry into the United States through the southern border with Mexico issued under section 212(f) or 215(a)(1) of the Immigration and Nationality Act (INA) will be rendered ineligible for asylum.

The Acting Attorney General and the Secretary issued the following joint statement:

“Consistent with our immigration laws, the President has the broad authority to suspend or restrict the entry of aliens into the United States if he determines it to be in the national interest to do so. Today's rule applies this important principle to aliens who violate such a suspension or restriction regarding the southern border imposed by the President by invoking an express authority provided by Congress to restrict eligibility for asylum. Our asylum system is overwhelmed with too many meritless asylum claims from aliens who place a tremendous burden on our resources, preventing us from being able to expeditiously grant asylum to those who truly deserve it. Today, we are using the authority granted to us by Congress to bar aliens who violate a Presidential suspension of entry or other restriction from asylum eligibility.”

Section 212(f) of the Immigration and INA states that “[w]henever 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.”

Further, Section 215(a) of the INA states that it is “unlawful…for any alien to depart from or enter or attempt to depart from or enter the United States except under such reasonable rules, regulations, and orders, and subject to such limitations and exceptions as the President may prescribe.”

In Section 208(d)(5)(B) of the INA, Congress specified that the Attorney General “may provide by regulation for any other conditions or limitations on the consideration of an application for asylum.”

Today’s new rule applies to prospective presidential proclamations, and is not retroactive.

Asylum is a discretionary form of relief granted by the Executive Branch on a discretionary basis to those fleeing persecution on the basis of their race, religion, nationality, membership in a particular social group, or political opinion. The rule does not render such aliens ineligible for withholding of removal under the INA or protection from removal under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

Link provides further information- does not copy well
https://s3.amazonaws.com/public-inspection.federalregister.gov/2018-24594.pdf
 
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