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Trump To Issue Orders To Stop Phony Asylum Claims

We have word from the White House that, perhaps as early as today, President Trump will take action to ensure asylum is not a free pass to cross our borders illegally. We applaud President Trump’s decision to use the authorities granted to him by the Immigration and Nationality Act to end the gaming of our dysfunctional immigration system.We have word from the White House that President Trump will take action to ensure asylum is not a free pass to cross our borders illegally without consequence.

Trump and AsylumOur sources at the White House tell us that President Trump will use the authority granted to him by the Immigration and Nationality Act to manage and protect the integrity of our immigration system and our national sovereignty.

The basis for the President’s anticipated action is the Immigration and Nationality Act:

Section 212(f) of the Immigration and Nationality Act states plainly: “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.”

Section 215(a) of the Immigration and Nationality Act similarly states: “Unless otherwise ordered by the President, it shall be 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.”

Just this June, the Supreme Court upheld the President’s broad statutory authority to implement entry restrictions and we are told President Trump will sign a proclamation declaring that migrants seeking asylum along the southern border must present themselves lawfully at a port of entry. 

We are also told those who arrive at a port of entry will remain eligible for asylum and so additional resources are being deployed to support our ports of entry.

Bob Goodlatte, retiring Chairman of the House Judiciary Committee, once observed, “Our asylum laws are in place to help individuals who are facing truly serious persecution in their countries. However, while I was in the Rio Grande Valley earlier this month, law enforcement officials on the ground said that the vast majority of Central Americans arriving at our border come to meet up with another family member who is already in the United States illegally.”

Our overwhelmed asylum system is contributing to this growing crisis by encouraging aliens with meritless claims to illegally cross our border, claim “credible fear,” and then be released.

There has been an overwhelming surge in aliens from Guatemala, Honduras, and El Salvador (the Northern Triangle) arriving at our border to claim credible fear of persecution.  Nearly two-thirds of aliens who claim credible fear are from the Northern Triangle. However, most migrants from the Northern Triangle do not have valid asylum claims, but they are released into the country because our asylum system has become overwhelmed.    

Asylum seekers know they will be released into the country and receive work permits while their often-meritless claims go through our backlogged immigration courts.  Aliens are often coached to repeat the “magic words” to meet the initial low bar for credible fear of persecution.

Prior to 2013, around 1 in every 100 arriving aliens claimed credible fear and sought asylum, but today that number has spiked to 1 in 10.  These claims have jumped by around 1,700 percent in the last nine years.

The Department of Homeland Security (DHS) and the Department of Justice (DOJ) are jointly issuing a new rule to ensure aliens who are subject to the kind of proclamation that the President issues are not eligible for asylum. The new joint rule, when paired with the Presidential proclamation, means that any alien who illegally enters our country will be ineligible for asylum.

Last year, nearly half of the completed cases that involved aliens who claimed credible fear resulted in the alien failing to show up at a hearing or even to file an application for asylum.

The reason it is so important to stop illegal aliens at the border is obvious – liberal immigration judges routinely grant asylum requests on the thinnest evidence and a huge percentage of illegal aliens who are released simply refuse to show-up for their hearings knowing that no one will make an effort to find them and compel them to appear.

We applaud President Trump’s decision to use the authorities granted to him by the Immigration and Nationality Act to issue a proclamation limiting asylum claims to only those arriving at the ports of entry and we urge him to continue to use his authority under the act to further limit meritless asylum claims and other gaming of our dysfunctional immigration system.

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