Nolan writes:
. . . .
Judge Tigar acknowledged the stipulation and concluded that the case therefore did not present the question of whether section 212(f) authorized Trump to directly limit asylum eligibility by proclamation.
I believe – based on my own experience – the situation is a Catch 22.
The proclamation does not render illegal crossers ineligible for asylum. It bars their entry into the United States.
It’s the not being able to enter that keeps them from getting asylum.
The temporary restraining order prevents Trump from taking any action to continue or to implement the rule, but it leaves his proclamation untouched.
Accordingly, while the injunction is in effect, immigration judges won’t be able to find illegal crossers “ineligible” for asylum for violating the proclamation. But neither will they be able to grant asylum to them. They are barred by the proclamation from entering the United States, and they can’t be asylees if they aren’t allowed into the country.
. . . .
The immigration organizations almost certainly will file another motion for a preliminary injunction that will request a restraining order to prevent the implementation of the proclamation too.
That will be more challenging in view of the Supreme Court’s holding in the Travel Ban case that section 212(f) “exudes deference to the President in every clause. It entrusts to the President the decisions whether and when to suspend entry, whose entry to suspend, for how long, and on what conditions.”
It would be better if the asylum seekers just would comply with our laws by requesting asylum at one of the 48 ports of entry on the Mexican border instead of crossing illegally.
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Please click the above link to read Nolan’s complete article in The Hill.
It actually appears that most members of the “Migrant Caravan” are doing just what Nolan suggests: waiting at ports of entry to be screened for asylum. The real problem here is that the Trump Administration is purposely not processing individuals in a reasonable or timely manner. To the extent that there is a “crisis,” it is entirely self-created by the Administration.
Very recent studies show, there is no “immigration crisis” in the U.S. today. https://apple.news/AZ5i84P0YQRiJSItfS1fgtQ
The number of undocumented individuals has leveled off and even declined. Two thirds of them have been there more than a decade and have basically integrated into our society. Fewer than 20% actually arrived within the past five years, and the majority of the “recent arrivals” appear to be non-immigrant “overstays” rather than irregular border crossers. With a better and wiser Administration, current laws can actually accommodate and fairly process those arriving from the Northern Triangle and claiming asylum.
Indeed, the “numbers” suggest, as I have said many times, that a “rational” approach to immigration would be to remove the many cases of those with no serious crimes from the Immigration Court dockets pending the passage of legalization legislation (favored by a majority of voters). That would free up adequate time for those courts to timely hear cases of recently arriving asylum applicants, those with serious criminal convictions, and other more recent arrivals. And, it would cost the taxpayers less than the bone-headed fake immigration crises and bogus responses being orchestrated by the Administration is support of their racist, White Nationalist agenda.
In any event, the “border crisis” is just another self-created scam, fairly typical of Trump and his corrupt and incompetent Administration.
PWS
11-29-18