Any person who illegally crosses the US border will automatically be disqualified from applying for asylum in America—a measure aimed at the invasion caravan which has now reached Mexico City.
According to a “New Asylum Rule” issued by the Department of Justice (DOJ) and the Department of Homeland Security (DHS), Acting Attorney General Matthew Whitaker and Department of Homeland Security Secretary Kirstjen Nielsen have announced an “Interim Final Rule declaring that those aliens who contravene a presidential suspension or limitation on entry into the United States through the southern border with Mexico issued under section 212(f) or 215(a)(1) of the Immigration and Nationality Act (INA) will be rendered ineligible for asylum.2
The Acting Attorney General and the Secretary issued the following joint statement:
“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.”
Section 212(f) of the Immigration and INA states that “[w]henever 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.”
Further, Section 215(a) of the INA states that it is “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.”
In Section 208(d)(5)(B) of the INA, Congress specified that the Attorney General “may provide by regulation for any other conditions or limitations on the consideration of an application for asylum.”
The new rule applies to prospective presidential proclamations, and is not retroactive.
The new rule is expected to get President Donald Trump’s signature shortly—and face court challenges.
The American Civil Liberties Union said that the right to request asylum must be granted to anyone entering the country, regardless of where they were.
“US law specifically allows individuals to apply for asylum whether or not they are at a port of entry. It is illegal to circumvent that by agency or presidential decree,” the ACLU said.
Those seeking political or other kinds of asylum—almost all coming from their self-created disaster zones in Central America—will be heard exclusively at the border crossings, in a further attempt to halt the invasion.
Less than 10 percent of cases result in asylum being granted, government figures show—and most of the remaining 90 percent then “vanish” inside the US, meaning that anyone who makes it acorns the border and applies for “asylum,” no matter how bogus their claim, gets to stay anyway.
In 2018, border patrols arrested more than 400,000 illegal border crossers, and in the last five years, the number of “asylum” requests has increased by 2,000 percent.