Monday, May 6, 2019

US Asylum Law Overhaul Ordered


Trump Orders Overhaul Of U.S. Asylum System As Crisis At Border Surges, ,

President Trump has issued an executive order to overhaul of the asylum system for foreigners seeking to enter the United States as the crisis at the U.S.-Mexico border spirals out of control.

In a memorandum late Monday, Trump ordered government officials, including Attorney General William Barr and acting Homeland Security Secretary Kevin McAleenan, to propose new regulations to establish new fees for asylum seekers and ban those awaiting hearings from working in the U.S. Trump also gave officials 90 days to propose new regulations so that all asylum applications can be adjudicated within 180 days. Currently, some applications take years.

“It is the policy of the executive branch to manage our humanitarian immigration programs in a safe, orderly manner that provides access to relief or protection from removal from the United States for aliens who qualify, and that promptly denies benefits to and facilitates the removal of those who do not,” Trump wrote in the memo.

Rio Grande Valley Sector Chief Patrol Agent Rodolfo Karisch told a Senate Homeland Security Committee hearing this month that border agents have captured people trying to enter the U.S. illegally from more than 50 different countries, including Turkey, China, Bangladesh, Egypt and Romania.

Customs and Border Protection agents made more than 100,000 arrests or denials of entry in March, the highest in 12 years. What’s more, there are currently more than 800,000 asylum claims in the works, and all those seeking asylum are allowed to stay in the country.

But very few will win asylum. In 2016, of the more than 400,000 people who were apprehended entering the U.S. illegally, just 20,000 or so were granted asylum — just 5%.
In February, Trump declared a national emergency to address the security and humanitarian crisis at the border. “That emergency continues to grow increasingly severe,” he said in Monday’s memo.

“In March, more than 100,000 inadmissible aliens were encountered seeking entry into the United States. Many aliens travel in large caravans or other large organized groups, and many travel with children. The extensive resources required to process and care for these individuals pulls U.S. Customs and Border Protection personnel away from securing our Nation’s borders. Additionally, illicit organizations benefit financially by smuggling illegal aliens into the United States and encouraging abuse of our asylum procedures. This strategic exploitation of our Nation’s humanitarian programs undermines our Nation’s security and sovereignty,” he wrote.

In addition to charging asylum seekers a fee, Trump also wants to make sure applicants don’t work in the U.S., proposing to “bar aliens who have entered or attempted to enter the United States unlawfully from receiving employment authorization before any applicable application for relief or protection from removal has been granted, and to ensure immediate revocation of employment authorization for aliens who are denied asylum or become subject to a final order of removal.”

Trump also wants his Secretary of Homeland Security to “reprioritize the assignment of immigration officers and any other employees of the Department as the Secretary deems necessary and appropriate to improve the integrity of adjudications of credible and reasonable fear claims, to strengthen the enforcement of the immigration laws, and to ensure compliance with the law by those aliens who have final orders of removal.”

According to the White House, the number of “aliens who do not show up to court and are ordered removed in absentia has soared, with 17,200 removal orders issued in absentia in the first quarter of fiscal year (FY) 2019. … If this pace continues, in absentia removal orders would more than triple the 2013 total.”

April 29, 2019 MEMORANDUM FOR THE ATTORNEY GENERAL THE SECRETARY OF HOMELAND SECURITY SUBJECT: Additional Measures to Enhance Border Security and Restore Integrity to Our Immigration System By the authority vested in me as President by the Constitution and the laws of the United States of America, and to ensure the safety and territorial integrity of the United States as well as to ensure that the Nation's immigration laws are faithfully executed, it is hereby ordered as follows: Section 1. Purpose. As noted in Proclamations 9822 and 9842 of November 9, 2018, and February 7, 2019, respectively, our immigration and asylum system is in crisis as a consequence of the mass migration of aliens across our southern border. In Proclamation 9844 of February 15, 2019, I declared a national emergency to address the security and humanitarian crisis at that border. That emergency continues to grow increasingly severe. In March, more than 100,000 inadmissible aliens were encountered seeking entry into the United States. Many aliens travel in large caravans or other large organized groups, and many travel with children. The extensive resources required to process and care for these individuals pulls U.S. Customs and Border Protection personnel away from securing our Nation's borders. Additionally, illicit organizations benefit financially by smuggling illegal aliens into the United States and encouraging abuse of our asylum procedures. This strategic exploitation of our Nation's humanitarian programs undermines our Nation's security and sovereignty. The purpose of this memorandum is to strengthen asylum procedures to safeguard our system against rampant abuse of our asylum process. Sec. 2. Policy. It is the policy of the executive branch to manage our humanitarian immigration programs in a safe, orderly manner that provides access to relief or protection from removal from the United States for aliens who qualify, and that promptly denies benefits to and facilitates the removal of those who do not. Sec. 3. Further Steps to Enhance the Integrity and Efficiency of the Existing Asylum System.

Within 90 days of the date of this memorandum, the Attorney General and the Secretary of Homeland Security, as applicable, shall take all appropriate actions to: (a) propose regulations to ensure that aliens who receive positive fear determinations pursuant to section 235(b)(1) of the Immigration and Nationality Act (INA) (8 U.S.C. 1225(b)(1)) or section 2242 of the Foreign Affairs Reform and Restructuring Act of 1998 (8 U.S.C. 1231 note) are placed in proceedings conducted under 8 CFR 208.2(c)(1) and 1208.2(c)(1) or, if not eligible for asylum, are placed in proceedings conducted under 8 CFR 208.2(c)(2) and 1208.2(c)(2); (b) propose regulations to ensure that, absent exceptional circumstances, all asylum applications adjudicated in immigration court proceedings receive final administrative adjudication, not including administrative appeal, within 180 days of filing, in accordance with section 208(d)(5)(A)(iii) of the INA (8 U.S.C. 1158(d)(5)(A)(iii)); (c) propose regulations setting a fee for an asylum application not to exceed the costs of adjudicating the application, as authorized by section 208(d)(3) of the INA (8 U.S.C. 1158(d)(3)) and other applicable statutes, and setting a fee for an initial application for employment authorization for the period an asylum claim is pending; and (d) propose regulations under section 208(d)(2) of the INA (8 U.S.C. 1158(d)(2)) and other applicable statutes to bar aliens who have entered or attempted to enter the United States unlawfully from receiving employment authorization before any applicable application for relief or protection from removal has been granted, and to ensure immediate revocation of employment authorization for aliens who are denied asylum or become subject to a final order of removal. Sec. 4. Allocation of Immigration Officers. The Secretary of Homeland Security shall reprioritize the assignment of immigration officers and any other employees of the Department as the Secretary deems necessary and appropriate to improve the integrity of adjudications of credible and reasonable fear claims, to strengthen the enforcement of the immigration laws, and to ensure compliance with the law by those aliens who have final orders of removal. Sec. 5. General Provisions. (a) Nothing in this memorandum shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This memorandum shall be implemented in a manner consistent with applicable law and subject to the availability of appropriations. (c) This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. DONALD J. TRUMP


Comments

This is a “humanitarian crisis” of their own making. Welfare migrants should be deported and left on their own without help from US taxpayers. Their welfare eligibility should be revoked and their due process eligibility should be denied.

All Asylum applications should be required to be submitted to US Embassies in the applicant’s home country. Asylum applications should not be accepted at the US border or US ports of entry.

Norb Leahy, Dunwoody GA Tea Party Leader

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