“NQRFPT” = “Not Quite Ready for Prime Time” (as some might remember from my days on the bench)
https://thehill.com/opinion/immigration/416195-trump-should-withdraw-his-asylum-proclamation
Nolan writes:
. . . .
Detention will continue to be a major problem, regardless.
Under the proclamation, DHS would not have to screen aliens to determine whether they have a credible fear of persecution for asylum purposes, but it would have to screen them to determine if they have a reasonable fear of persecution.
The United States is a signatory to the Refugee Convention, which prohibits expelling a refugee to a country where it is likely that he will be persecuted. Asylum just requires a well-founded fear of persecution.
This condition is met with the withholding of deportation provision in the INA for aliens who establish that it is more likely than not that they will be persecuted.
America also is a signatory to the Convention Against Torture (CAT), which provides that, “No State Party shall expel … a person to another State where there are substantial grounds for believing that he would be in danger of being subjected to torture.”
Relief under these provisions is limited to sending the alien to a country where he would not be persecuted or tortured.
The proclamation should be withdrawn until these problems can be resolved.
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Go on over to The Hill at the link to read Nolan’s complete article (I have just reprinted the concluding section above). It also was a “headliner” at ImmigrationProf Blog: https://lawprofessors.typepad.com/immigration/2018/11/president-trump-should-withdraw-his-asylum-proclamation.html
Nolan’s conclusion ties in nicely to my preceding posts that confirm, as Nolan points out, that CBP, the Asylum Office, the Immigration Courts, and probably the Federal Courts are woefully unprepared for the additional chaos and workload that is likely to be created by Trump’s shortsighted actions. Like most of what Trump does in the immigration areas it demonstrates a chronic misunderstanding of the laws, how the system operates, the reality of what happens at the border, and ignores the views of career civil servants and experts in the area. In other words, a totally unprofessional performance. But, that’s what “kakistocracy” is all about.
We’ll see what happens next. I expect a U.S. District court ruling on the ACLU’s suit to stop implementation of the Executive Order and the “Interim Regs” to be issued in the near future.
PWS
11-13-18