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Showing posts with label HR 391. Show all posts
Showing posts with label HR 391. Show all posts

Saturday, October 20, 2018

Caravan crossing the U.S.-Mexico border


From today’s NumbersUSA newsletter:


Thousands of Central Americans joined a caravan this week, originating in Honduras, with hopes of reaching the U.S.-Mexico border where they plan to claim asylum, illegally enter the country, or both.

Pres. Trump has already issued warnings to Honduras, El Salvador, and Guatemala, and has threatened to back out of the USMCA trade pact with Mexico if the country doesn't do its part to prevent the caravan from reaching the U.S. border. There are reports that Mexico is willing to cooperate.

The President has also said that he plans to move troops to the border to help prevent the caravan from entering the country.

So far, the Administration has responded well. But how it responds if, and when, the caravan reaches the U.S.-Mexico border remains to be seen.

If there's one thing that we've learned from past caravans and border surges, should any of the more than 4,000 economic migrants successfully make it into the United States, they'll be released to the interior of the country and never be heard from again.

Therefore, the best action the Trump Administration can take is to prevent anyone from the caravan from actually entering the country. Pres. Trump could even use his executive authority to shut down the U.S.-Mexico border to prevent the caravan from entering the U.S.

Handling Asylum Claims
Many in the caravan have told reporters that they plan on claiming asylum once they reach the United States, hoping to take advantage of loopholes within the process. 

They've said they'll claim asylum because of the criminal violence throughout Central America and/or the lack of decent paying jobs. But under federal law, those are not reasons for claiming asylum.

Under both U.S. and international law, an asylee is someone who claims that they fear persecution from their government if returned to their home country because of the their "race, religion, nationality, membership in a particular social group, or political opinion."

If the caravan was actually fleeing persecution, they would apply for asylum in Mexico.
The U.S. should take all legitimate asylum claims seriously. But it is critical to deny the caravan admission into the United States while their claims are being considered. Again, once anyone from the caravan steps foot in the United States, they're here for good. DHS is already running short on detention space, so there will be no way to detain illegal border crossers and asylum seekers while their cases move through the process.

Preventing caravans and surges
The Trump Administration has already taken steps to strengthen the asylum process. Earlier this year, Attorney General Jeff Sessions issued a ruling that moved the adjudication of credible fear claims more in line with federal asylum law. DHS implemented the policy this summer. However, if the Administration does not take the necessary steps to prevent this caravan from reaching U.S. soil, this dangerous and unlawful migration will be the new norm.

But Congress also needs to act. The House Judiciary Committee has already marked up and passed H.R. 391, the Asylum Reform and Border Protection Act. House Leadership should bring the bill to the floor during the lame-duck session.

H.R. 391 would close the asylum loopholes by requiring that asylum adjudicators only approve credible fear claims when "it is more probable than not that the statements made by the alien in support of the alien's claim are true" and the alien is likely to be granted asylum in the U.S.

[The NumbersUSA website is here. You can sign up to access their Congressional Alert boards.]
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