Immigration Order on Asylum Signed
December 26, 2018
There are groups of thousands of migrants moving through Mexico to reach the United States. Some migrants pausing in Mexico City for a rest told reporters they were from Honduras and were fleeing violence at home. They were hungry and tired. When they get to the border, the wait at official ports of call could last for days on end.
President Trump has announced through Twitter that a dangerous caravan is heading to the southern border. His tweets claim that the caravan has some very bad thugs and gang members. However, there appears to be little or no evidence to back up that claim.
Administration Seeks to Deny Asylum
The administration continues its effort to control and minimize immigration from poor countries, especially those coming here from along the southern border. President Trump recently signed a proclamation (order) claiming that a mass migration is causing a crisis at the border.
It invokes extraordinary presidential national security powers as a legal basis to deny asylum to those entering the country outside of an official port of call. The President has also deployed thousands of United States troops to the border.
The Department of Homeland Security has stated that low standards for stating a credible fear of persecution upon returning home have allowed aliens with meritless claims to enter here illegally.
It has published an interim final rule in the Federal Register, along with the Department of Justice. The departments back up the President, and their rule states that after the order is signed, asylum seekers will automatically be denied asylum if they enter the country other than through an official port of entry.
Legality of Order is Questionable
The administration claims the Supreme Court has upheld the President’s authority to act to protect national security, and claims its actions are a reasonable response to what it calls frivolous asylum claims by those crossing illegally.
There are serious questions about the legality of this action. Previous rules expressly protected those who entered the country seeking asylum, regardless of how they got here. These were consistent with the Immigration and Nationalization Act that says any alien who is physically present in the U.S. or who arrives in the United States, whether a designated port of arrival, may apply for asylum.
Many immigration and civil rights advocates believe this latest effort to deny asylum to those legitimately trying to escape persecution or torture in their country is illegal. Both U.S. and international laws appear to be violated by the administration’s recent action. Papers have been filed in numerous Federal courts seeking to stop the order.
One group in a San Francisco Federal court has successful obtained a temporary restraining order (TRO), preventing the President’s order from taking effect. The judge ruled that the President may not rewrite the immigration laws to impose a condition that Congress has expressly forbidden. The decision prevents the order from being enforced for 90 days.
Philadelphia Asylum Lawyers at The Law Offices of MC Law Group, LLC Assist Asylum Seekers
If you have immigrated to the United States and have not attained citizenship, we understand you have concerns about what to do next. Immigration law is complex, with serious consequences if violated. Our experienced Philadelphia asylum lawyers at the Law Offices of MC Law Group, LLC strive to be on the cutting edge of the law. We look forward to compassionately representing you in seeking asylum or other immigration related matters. Contact us at 215-496-0690 or complete an online form for a free consultation. Our office is located in Philadelphia where we serve clients in Pennsylvania, New Jersey, the tri-state area, and nationally.