Despite the Trump Administration’s aggressive anti-immigration policies, there has been a significant increase in the number of undocumented migrants attempting to enter the United States. As of August 2019, there have been 811,016 apprehensions at the U.S.-Mexico border, which is already 200,000 more people than 2017 combined. However, instead of developing new policies to improve the legal immigration and asylum process in the United States, the president is enacting policies to complicate the system and prevent legal immigration entirely, sparking panic that has people racing to the border.
For example, the Trump Administration is currently pushing a proposal to charge migrants $1,000 to appeal asylum rulings. Worse, Homeland Security and the Justice Department are illegally expediting asylum cases by holding “tent courts.” According to the Los Angeles Times, four judges hear up to 400 cases a day at tents stationed in Laredo because it’s “more efficient than transporting migrants 155 miles north to San Antonio.” The migrants aren’t given access to “know your rights” presentations, and any no-shows are immediately deported. Charanya Krishnaswami, a director for Amnesty International USA, compares these tent courts to a “factory” and alleges, “They’re just trying to get as many people through with the least friction as possible. They know people having counsel will cause friction in their system – people will express fear and potentially win their cases.”
The Supreme Court Bows to Trump
On September 11, 2019, the Supreme Court issued an order that is being considered a “legal victory” for the Trump Administration. This order gives Trump the power to proceed with a new policy that bars asylum to any migrants – specifically Central American migrants – who pass through another country en route to the United States.
For example, a Central American migrant must apply for protection in another country, such as Mexico, before seeking asylum in the United States. If the first asylum claim is denied, then they can petition for asylum as a U.S. Port of entry, theoretically.
Democratic appointees Sonia Sotomayor and Ruth Bader Ginsburg openly denounced this decision, calling it a moral abdication that could put the lives of thousands at risk. Sotomayor also pointed out that this new policy, which was issued as an “interim final rule,” is concerning because it “topples decades of settled asylum practices and affects some of the most vulnerable people in the Western Hemisphere – without affording the public a chance to weigh in.”
Unfortunately, this ruling is retroactive and applies to any migrants who crossed the southwestern border as of mid-July 2019. Interestingly, it does not apply to immigrants who arrived before July or who arrived in the country by boat or plane.
Concerned About Your Asylum Options? Discuss Your Case with a Legal Professional Today.
We’re getting close to the 2020 general election, which means that President Trump is likely to propose and implement more immigration policies that appeal to his voter base. Fortunately, the immigration attorneys at Guerra Sáenz, PL always stay up-to-date on any immigration policies that could potentially impact our clients. If you have questions about your legal rights or fear deportation, contact our experienced and trial-tested legal team today.
Call Guerra Sáenz, PL today at (888) 936-3228 schedule a consultation.