Trump is attempting to redefine the international understanding of asylum. Will the work of the ACLU ever end with this president? I hope they are collecting donations and seeking grants and asking judges for reimbursement for this mess that Trump manages to manufacturer. Trump cannot unilaterally call asylum a travel ban.
The immigration jails and courts are overburdened the way it is and now Trump is making a bigger mess that will tie them up even further.
The immigration jails and courts are overburdened the way it is and now Trump is making a bigger mess that will tie them up even further.
November 8, 2018
By Nick Miroff
The restrictions would rely on emergency powers invoked by the president to implement his "travel ban" in early 2017, according to U.S. officials with knowledge of the plans. Legal challenges seeking to delay or block the asylum restrictions are expected to follow.
The measures have been prepared over the past several weeks to satisfy President Donald Trump's demand for ways to thwart caravan groups moving north through Mexico with an estimated 7,000 to 10,000 Central Americans.
Privately, Homeland Security officials acknowledge the new restrictions, at least on their own, are unlikely to achieve the kind of immediate deterrent effect the White House desires....
...There are two primary ways (click here) in which a person may apply for asylum in the United States: the affirmative process and the defensive process. Asylum seekers who arrive at a U.S. port of entry or enter the United States without inspection generally must apply through the defensive asylum process. Both processes require the asylum seeker to be physically present in the United States.
The affirmative process can occur after a person is in the USA. There is nothing to say when a visitor arrives for whatever reason they are here, things change back home. In recent years there was a coup attempt in Turkey. Any Turkish citizen within the USA legally is under no obligation to return to a country in chaos. Their safety is obviously in peril. Turkey did not continue to become unstable and returned to established leadership, but, if it hadn't such an emergency can spawn the need for asylum of people here legally.
Affirmative Asylum: A person who is not in removal proceedings may affirmatively apply for asylum through U.S. Citizenship and Immigration Services (USCIS), a division of the Department of Homeland Security (DHS). If the USCIS asylum officer does not grant the asylum application and the applicant does not have a lawful immigration status, he or she is referred to the immigration court for removal proceedings, where he or she may renew the request for asylum through the defensive process and appear before an immigration judge.
Defensive Asylum is what the migrants will be seeking once they get to the USA border; if they get here. We know for a fact through USA intelligence they have grounds. The violence is obvious and their lives are in peril. They have options IF they pass the background check. If they are criminals they will be remanded to the USA courts or deported back to their homeland. It depends on where the criminal act has taken place, here or there.
But, if they are legitimately at the USA border because their lives are in danger or their chilren can be taken for child soldiers, then they open a legal proceeding that begin the process to the status of asylum.
Defensive Asylum: A person who is in removal proceedings may apply for asylum defensively by filing the application with an immigration judge at the Executive Office for Immigration Review (EOIR) in the Department of Justice. In other words, asylum is applied for “as a defense against removal from the U.S.” Unlike the criminal court system, EOIR does not provide appointed counsel for individuals in immigration court, even if they are unable to retain an attorney on their own.
With or without counsel, an asylum seeker has the burden of proving that he or she meets the definition of a refugee. Asylum seekers often provide substantial evidence throughout the affirmative and defensive processes demonstrating either past persecution or that they have a “well-founded fear” of future persecution in their home country. However, the individual’s own testimony is usually critical to his or her asylum determination....
...To ensure that the United States does not violate international and domestic laws by returning individuals to countries where their life or liberty may be at risk, the credible fear and reasonable fear screening processes are available to asylum seekers in expedited removal processes....
Universal Declaration of Human Rights (click here)
Eleanor Roosevelt (click here) reads the Universal Declaration of Human Rights
...Article 14.
(1) Everyone has the right to seek and to enjoy in other countries asylum from persecution.
(2) This right may not be invoked in the case of prosecutions genuinely arising from non-political crimes or from acts contrary to the purposes and principles of the United Nations....
...There are two primary ways (click here) in which a person may apply for asylum in the United States: the affirmative process and the defensive process. Asylum seekers who arrive at a U.S. port of entry or enter the United States without inspection generally must apply through the defensive asylum process. Both processes require the asylum seeker to be physically present in the United States.
The affirmative process can occur after a person is in the USA. There is nothing to say when a visitor arrives for whatever reason they are here, things change back home. In recent years there was a coup attempt in Turkey. Any Turkish citizen within the USA legally is under no obligation to return to a country in chaos. Their safety is obviously in peril. Turkey did not continue to become unstable and returned to established leadership, but, if it hadn't such an emergency can spawn the need for asylum of people here legally.
Affirmative Asylum: A person who is not in removal proceedings may affirmatively apply for asylum through U.S. Citizenship and Immigration Services (USCIS), a division of the Department of Homeland Security (DHS). If the USCIS asylum officer does not grant the asylum application and the applicant does not have a lawful immigration status, he or she is referred to the immigration court for removal proceedings, where he or she may renew the request for asylum through the defensive process and appear before an immigration judge.
Defensive Asylum is what the migrants will be seeking once they get to the USA border; if they get here. We know for a fact through USA intelligence they have grounds. The violence is obvious and their lives are in peril. They have options IF they pass the background check. If they are criminals they will be remanded to the USA courts or deported back to their homeland. It depends on where the criminal act has taken place, here or there.
But, if they are legitimately at the USA border because their lives are in danger or their chilren can be taken for child soldiers, then they open a legal proceeding that begin the process to the status of asylum.
Defensive Asylum: A person who is in removal proceedings may apply for asylum defensively by filing the application with an immigration judge at the Executive Office for Immigration Review (EOIR) in the Department of Justice. In other words, asylum is applied for “as a defense against removal from the U.S.” Unlike the criminal court system, EOIR does not provide appointed counsel for individuals in immigration court, even if they are unable to retain an attorney on their own.
With or without counsel, an asylum seeker has the burden of proving that he or she meets the definition of a refugee. Asylum seekers often provide substantial evidence throughout the affirmative and defensive processes demonstrating either past persecution or that they have a “well-founded fear” of future persecution in their home country. However, the individual’s own testimony is usually critical to his or her asylum determination....
...To ensure that the United States does not violate international and domestic laws by returning individuals to countries where their life or liberty may be at risk, the credible fear and reasonable fear screening processes are available to asylum seekers in expedited removal processes....
Eleanor Roosevelt (click here) reads the Universal Declaration of Human Rights
...Article 14.
(1) Everyone has the right to seek and to enjoy in other countries asylum from persecution.
(2) This right may not be invoked in the case of prosecutions genuinely arising from non-political crimes or from acts contrary to the purposes and principles of the United Nations....
