Here’s a link to the “Interim Regulations:”
https://s3.amazonaws.com/public-inspection.federalregister.gov/2018-24594.pdf
Here’s “Tal’s Take:”
Trump administration to issue travel ban-like rule at southern border
Tal Kopan Nov. 8, 2018
WASHINGTON — The Trump administration is using travel ban-like authority to substantially curtail immigrants’ ability to seek asylum in the U.S.
The administration took the first step Thursday to bar immigrants from applying for asylum if they cross the southern border illegally. On Friday, President Trump is likely to issue a proclamation implementing the ban, a senior administration official suggested in a briefing.
The ban will apply to future illegal border crossers, not those who have already entered the country, the official said.
The move, which was first reported by The Chronicle last month, comes as a caravan of thousands of impoverished migrants is slowly traveling through Mexico toward the U.S. The migrants are still several weeks away from the border, but Trump has already sent 5,000 troops to the Southwest to prepare for their possible arrival.
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Trump’s proclamation will apply only apply to those who cross the U.S.-Mexican border illegally. The goal, said a second administration official, is to “funnel” asylum seekers to legal border crossings, where the government is “better resourced” and has “better capabilities and better manpower and staffing.”
But the rule could have overwhelming consequences for crossings like San Ysidro in San Diego County. The busiest land crossing in the Western hemisphere, that port of entry already struggles to process immigrants who arrive seeking asylum, with wait times often approaching weeks.
The administration officials did not answer a question about how the ports of entry would be able to accommodate even more immigrants.
The San Ysidro crossing can process 50 to 100 immigrants a day, according to Customs and Border Protection Commissioner Kevin McAleenan. There were days in July when the line was 1,000 people long.
Officials cannot legally turn away immigrants seeking asylum at recognized border crossings. But they do conduct “metering,” stopping immigrants before they get to the crossing and telling them they have to come back.
That has created desperate situations south of the border. An inspector general’s report analyzing the administration’s handling of the family separation crisis this summer blamed “metering” for causing more people to cross into the U.S. illegally.
Federal law says asylum protections, which afford a path to citizenship for qualifying immigrants who fear persecution in their home countries, are available to immigrants “whether or not” they arrive at a legal crossing. The administration argues that other provisions of the law allow them to restrict that.
Immigrant advocates disagree, and have already said they will sue to block Trump’s expected proclamation.
“The asylum ban is patently unlawful and disregards our nation’s long commitment to providing a safe haven for those fleeing danger. Court challenges are coming,” said Lee Gelernt, a lead immigration attorney for the American Civil Liberties Union.
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These “Interim Regs” are 78 pages of pure legal gobbledygook, bureaucratic doublespeak, and irrelevant and intentionally misleading stats purporting to “justify the unjustifiable.” So, I’ll make this simple.
- The asylum statute says individuals have a right to apply for asylum regardless of legal status and without regard to whether they arrived or entered at a legal “port of entry;”
- This “Interim Regulation” purports to make those who don’t arrive at a port of entry ineligible to apply for asylum;
- The regulation cites a statutory provision that allows the AG and the Secretary of DHS to create “exceptions” and “conditions” on applicants by regulation;
- But, that statute actually says those “exceptions and conditions” must be “consistent with” the statute;
- The “exception” to eligibility in this Interim Regulation specifically contradicts the clear language of the statute permitting those who enter or arrive illegally to apply for asylum;
- Therefore, the exception is beyond the authority of the AG and the Secretary to create by regulation;
- Indeed, the facial invalidity of this Interim Regulation is so clear that the EOIR and DHS position is frivolous— not passing the “straight face test” — and the policy officials and bureaucrats involved are promoting frivolous litigation before the Federal Courts — generally frowned upon when done by members of the public!
- Perhaps at some point the Federal Courts will assert themselves by starting to “take names” of those US Government officials wasting court time in pursuit of illegal, racially-motivated objectives.
No wonder the Dudes who drafted this piece of garbage wanted to bury their real actions and intent in 78 pages of pure nonsense! This from an Administration supposedly committed to cutting bureaucracy and eliminating unnecessary and burdensome regulations!
Tomorrow, as previously promised, Trump will continue to carry out his racist, White Nationalist political agenda by declaring a totally bogus “immigration emergency” by Executive Order (similar to the bogus emergency he used to justify the discriminatory and bogus “Travel Ban”). The only question is whether the Federal Courts will let him get away with thumbing his nose at the statute, our Constitution, and the authority of the Article III Courts themselves.
Stay tuned!
PWS
11-08-18