Trump Executive Order to Bar Illegal Aliens from Invoking ‘Asylum’ When Caught

By Craig Bannister | November 8, 2018 | 5:09 PM EST

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President Donald Trump will issue an executive order barring aliens who enter the U.S. illegally from claiming they’re seeking asylum because they have “credible fear” of returning to their home country, the White House announced Thursday.

Department of Homeland Security Secretary Kirstjen M. Nielsen and Acting Attorney General General Matthew G. Whitaker issued a joint statement supporting the president’s move:

“Consistent with our immigration laws, the President has the broad authority to suspend or restrict the entry of aliens into the United States if he determines it to be in the national interest to do so. Today's rule applies this important principle to aliens who violate such a suspension or restriction regarding the southern border imposed by the President by invoking an express authority provided by Congress to restrict eligibility for asylum. Our asylum system is overwhelmed with too many meritless asylum claims from aliens who place a tremendous burden on our resources, preventing us from being able to expeditiously grant asylum to those who truly deserve it. Today, we are using the authority granted to us by Congress to bar aliens who violate a Presidential suspension of entry or other restriction from asylum eligibility.”

The interim final rule is available here.

In its announcement, the White House explains that the president’s new rule will require asylum-seekers to follow U.S. law by presenting themselves at an official U.S. port of entry:

“The new joint rule, when paired with the Presidential proclamation, means that any alien who illegally enters our country will be ineligible for asylum.”

Currently, illegal aliens are being coached to simply say two “magic words” – “credible fear” – to avoid swift removal:

“Our overwhelmed asylum system is contributing to this growing crisis by encouraging aliens with meritless claims to illegally cross our border, claim “credible fear,” and then be released.

“Aliens are often coached to repeat the “magic words” to meet the initial low bar for credible fear.”

The full White House announcement detailing and justifying the president’s order on asylum is presented below:

PRESIDENT DONALD J. TRUMP IS UPHOLDING THE RULE OF LAW AND ENSURING CONSEQUENCES FOR THOSE WHO ILLEGALLY CROSS OUR BORDER

“Illegal aliens will no longer get a free pass into our country by lodging meritless claims in seeking asylum. Instead, migrants seeking asylum will have to present themselves lawfully at a port of entry” – President Donald J. Trump

PROTECTING OUR NATIONAL SOVEREIGNTY: President Donald J. Trump will take action to ensure asylum is not a free pass to cross our borders illegally without consequence.

  • President Trump will use the authority granted to him by the Immigration and Nationality Act to manage and protect the integrity of our immigration system and our national sovereignty.
    • Section 212(f) of the Immigration and Nationality Act states plainly: “Whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate.”
    • Section 215(a) of the Immigration and Nationality Act similarly states: “Unless otherwise ordered by the President, it shall be unlawful for any alien to depart from or enter or attempt to depart from or enter the United States except under such reasonable rules, regulations, and orders, and subject to such limitations and exceptions as the President may prescribe.”
    • Just this June, the Supreme Court upheld the President’s broad statutory authority to implement entry restrictions.
  • President Trump will sign a proclamation declaring that migrants seeking asylum along the southern border must present themselves lawfully at a port of entry.
  • Those who arrive at a port of entry will remain eligible for asylum.
    • Also, additional resources are being deployed to support our ports of entry.
  1. THE RULE OF LAW: The Trump Administration is rightfully and fully restoring the rule of law on our southern border.
  • Today, the Department of Homeland Security (DHS) and the Department of Justice (DOJ) are jointly issuing a new rule to ensure aliens who are subject to the kind of proclamation that the President issues are not eligible for asylum.
  • The new joint rule, when paired with the Presidential proclamation, means that any alien who illegally enters our country will be ineligible for asylum.
  • These bold actions will ensure that those seeking asylum respect our laws and our borders.

RESPONDING TO THE BORDER CRISIS: Our Nation is experiencing an unprecedented crisis on our southern border, driven in part by fraud and abuse that has overwhelmed our asylum system.

  • Our overwhelmed asylum system is contributing to this growing crisis by encouraging aliens with meritless claims to illegally cross our border, claim “credible fear,” and then be released.
    • Aliens are often coached to repeat the “magic words” to meet the initial low bar for credible fear.
  • Prior to 2013, around 1 in every 100 arriving aliens claimed credible fear and sought asylum, but today that number has spiked to 1 in 10.
    • These claims have jumped by around 1,700 percent in the last nine years.
  • There has been an overwhelming surge in aliens from Guatemala, Honduras, and El Salvador (the Northern Triangle) arriving at our border to claim credible fear.
    • Most migrants from the Northern Triangle do not have valid asylum claims, but they are released into the country because our asylum system has become overwhelmed.
    • Nearly two-thirds of aliens who claim credible fear are from the Northern Triangle.
  • Asylum seekers know they will be released into the country and receive work permits while their often meritless claims go through our backlogged immigration courts.
  • Last year, nearly half of the completed cases that involved aliens who claimed credible fear resulted in the alien failing to show up at a hearing or even to file an application for asylum.


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