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Migrants seem to be more apprehensive about the journey than ever. Some, like Rosa, are choosing to leave their kids home and migrating without them. Some are moving through more dangerous routes if they do want to continue on to the United States—discarding the long-standing practice of turning themselves in to Border Patrol and applying for asylum.

And in some cases, they are avoiding the United States: Other countries may house more refugees and temporarily displaced persons, but we lock up the most people whose right to stay in the country is in dispute. It is a shameful aspect of U. To be sure, every nation has a right to control its borders and determine who gets to come in, for what reasons, and through what legal mechanism.

While the current administration has embraced and expanded the practice, this is not a creation of President Trump. Such detentions date to the Immigration Act of , and current detention policies are rooted in the Immigration and Naturalization Act.

Congress eventually mandated detention for migrants convicted of certain crimes that made them ineligible for admission. The Illegal Immigration Reform and Immigrant Responsibility Act of greatly expanded the immigration detention system through contracts with local jails and state and privately run prisons. In fact, most of the 39, people incarcerated on any given day in the U. Some local governments have expanded their jails so they can house, for a daily fee, migrants that Immigration and Customs Enforcement wants detained.

About two-thirds of that goes to private prison corporations to operate detention centers and to local jails to reimburse them for housing detainees. Through those efforts the government has expanded an incarceration industry costing an exorbitant amount of tax dollars to deny freedom of movement of people who, in the vast majority of cases, pose no threat to us.

Rates are highest among those who find legal help or receive support from community groups, which suggests there are better methods for handling this than detention. There may, of course, be valid reasons for detaining some migrants, such as newly arrived asylum-seekers whose identities have yet to be verified, people facing imminent court-ordered deportation who the government has reason to fear might disappear, or violent felons who pose a realistic threat to public safety. One approach would be to match migrants to community service groups or sponsors to better keep track of the individuals and ensure they appear for court hearings; sadly, Trump killed an experimental Obama program that did just that.

This administration has chosen instead to double down on detention, and now it reportedly is considering reviving a version of the vile family separations. The government can neither detain nor deport its way out of this problem. It must find a better way. The fact that it has failed to do so for so long, regardless of which party controlled Congress or the White House, is an embarrassment. Doubling down on the worst, most ineffective, wasteful, and expensive policies.

What if our Government spent the same amount of time, money, personnel, and effort on solving problems , rather than intentionally and cynically aggravating them?

The Trump administration is preparing to dispatch troops and has threatened to shut down all entry across the U. Migration from the trio of Central American nations surged 25 percent between and following the worst drought in 30 years, which left more than 3 million people hungry. On the opposite side of the ocean, a hotter climate is expected to parch once fertile lands. Having missed the chance to seek actual reforms, we now get a militaristic and hasty response to a predictable stress.

Such a response will do little to quell the long-term national security concerns posed by climate change, said Francesco Femia, president of the Center for Climate and Security.

By deporting hundreds of thousands of Central Americans from the United States, the administration, like the Obama administration before it, is bolstering gang recruitment in countries like El Salvador, according to a December report from the International Crisis Group.

That worsens the violence that many cite as a main reason for fleeing northward. But if militarizing the border becomes long-term climate policy, Gwynne Dyer, a Canadian military historian, has said enforcement will require bloodshed.

My observation after decades of study and involvement is the only ways to close a border are: For everyone else, the best you can do is control. And control requires a realistic approach to legal immigration. Policies based largely on White Nationalism, racism, xenophobia and other irrational biases seldom succeed in the long run. The hysteria over the caravan of Central American asylum-seekers traveling north towards the United States is spiraling out of proportion.

A calm review of the facts and the historical context of migration from this hemisphere make clear that the United States has the laws and policies in place to respond humanely — in keeping with our values and our laws. According to the Washington Post , Mexican officials report that they have processed 1, asylum cases. Whether the caravan will grow in numbers or dissipate remains to be seen. Cuba long has been a source of asylum-seekers, as Haiti has been.

In , for example, a mass migration of asylum-seekers, known as the Mariel boatlift , brought approximately , Cubans and 25, Haitians to South Florida over a six-month period. In , the U. While the treatment of the Haitians was not our finest hour as a nation, we did pre-screen those at Guantanamo for credible fear and return others to Haiti with the option of in-country refugee processing. The estimates of migrants in the caravan are comparable to the number of Cubans 7, the U.

Coast Guard and Border Patrol picked up in fiscal year The civil wars in Central America during the s prompted asylum-seekers that numbered in the hundreds of thousands.

Data on asylum cases filed with the then-Immigration and Naturalization Service INS show that about , Nicaraguans, , Salvadorans and 41, Guatemalans applied for asylum in the United States from fiscal year through In , the George W. The number of Central Americans who received these various temporary protections approached , For those who are fearful that bad actors are hiding amid the asylum-seekers in the caravan, rest assured that U.

Customs and Border Protection CBP puts all such migrants through rigorous border security screening systems. CBP collects biometric data, performs background checks, and runs them through a host of criminal and national security databases. Lest we forget, border apprehensions of all irregular migrants including asylum-seekers are now at historic lows.

From a peak of 1. Border Patrol apprehended just under , last fiscal year. Research conducted by Stephanie Leutert at the University of Texas found that in fiscal year less than 0. We do not need to send military troops to the border ; rather, we need to adequately staff the asylum offices and immigration courts at the border.

Funding for asylum officers and immigration judges has not been commensurate with the substantial increases in border security funding, despite the obvious interconnections among these functions. We also need to reinstitute in-country refugee processing in El Salvador, Guatemala and Honduras, and extend it to include adults as well as minors.

Cutting assistance to Mexico and Central America — which President Trump suggests would punish the source countries into stopping the migration — most likely would exacerbate the underlying problems and increase the number of people fleeing north. We can handle this. Ruth Ellen Wasem is a clinical professor of policy at the Lyndon B. For more than 25 years, she was a domestic policy specialist at the U.

She has testified before Congress about asylum policy, legal immigration trends, human rights and the push-pull forces on unauthorized migration. But, sadly, I doubt that anyone in this Administration is paying attention. But, setting the record straight is always a good idea even when it falls on deaf ears. Someday, we will have wiser leaders who will be generally interested in understanding the past and using its lessons to build a better future for everyone!

The judge demanded in June that the administration account for every child separated under the enforcement strategy ordered by Attorney General Jeff Sessions. While still picking up the pieces of their last border enforcement fiasco, the Administration is off and running on new policies that potentially will be found to be in violation of law. The only solution is to find a way to process their asylum applications outside of the United States. In July , I suggested a way to do this to deter unaccompanied alien children from making the perilous journey from Central America to seek asylum in the United States.

He also should be able to persuade UNHCR to process asylum seekers who come to the United States at a location outside of the United States if processing is limited to aliens who enter without inspection.

Notwithstanding claims to the contrary, undocumented aliens do not have a right to apply for asylum in the United States. Asylum is a discretionary form of relief. This obligation could be met by arranging for UNHCR to process their persecution claims in some other country with the understanding that an agreed upon number of them would be accepted by the United States as refugees.

Aliens who enter without inspection would be placed in expedited removal proceedings. Asylum seekers also could go directly to the processing centers without having to make the journey to the United States. The alternative is to accept the fact the that our 2,mile border is open to anyone who is willing to cross it illegally and ask for asylum.

The statute, 8 USC a 1 , specifically states that: While the ultimate granting of the application might be discretionary I note, however, that current Article III Court decisions restrict the grounds for discretionary denial , the right to apply is clear. Nolan and I agree on a major point: However, this Administration has shown little interest in doing that. After reviewing the statutory definition of a UIC, which includes as an element of the definition, being under 18 years of age, the BIA determined that the respondent was not a UIC at the time he filed for asylum and therefore the immigration court properly exercised initial jurisdiction over his asylum application.

The updated policy, which goes into effect on Nov. The Form I would remain valid for a two-year period following the date the civil surgeon signed it. In early June, the agency announced it was sending up to 1, immigrant detainees to five federal prisons in Texas, Oregon, California, Washington, and Arizona. But now, a total of only three ICE detainees remain across the five prisons that once held hundreds of immigrants. Immigrant detainees left the federal prisons either because they were deported, transferred to civil detention facilities, or were granted bail.

For years, the federal government has attempted to partner with local communities on immigration enforcement, raising a host of problems. Despite this dark legacy, the Trump administration continues to pursue a significant expansion of these partnerships.

ICE subpoenas immigration lawyer in leak hunt. The ruling sparked a frenzy of immigration court filings. President Trump threatened on Tuesday to withhold aid from the Honduran government if it did not halt a mass migration of more than 1, people, mainly from Honduras, who crossed into Guatemala this week, many with the intention of reaching the United States. Follow the trek of Venezuelan migrants fleeing on foot. The most desperate cannot afford a bus or plane ticket, and so they risk their lives to escape on foot.

Every day, more than migrants start on the walk out of Venezuela. Businesses could be surprised by Trump plan to limit immigrant use of benefits. AILA Executive Director Ben Johnson highlights the growing number of cases where ICE seizes people during the marriage interview component of their immigration application process, an interview required to pursue the legal status which would protect them.

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To be sure, every nation has a right to control its borders and determine who gets to come in, for what reasons, and through what legal mechanism. While the current administration has embraced and expanded the practice, this is not a creation of President Trump.

Such detentions date to the Immigration Act of , and current detention policies are rooted in the Immigration and Naturalization Act. Congress eventually mandated detention for migrants convicted of certain crimes that made them ineligible for admission.

The Illegal Immigration Reform and Immigrant Responsibility Act of greatly expanded the immigration detention system through contracts with local jails and state and privately run prisons. In fact, most of the 39, people incarcerated on any given day in the U.

Some local governments have expanded their jails so they can house, for a daily fee, migrants that Immigration and Customs Enforcement wants detained. About two-thirds of that goes to private prison corporations to operate detention centers and to local jails to reimburse them for housing detainees.

Through those efforts the government has expanded an incarceration industry costing an exorbitant amount of tax dollars to deny freedom of movement of people who, in the vast majority of cases, pose no threat to us.

Rates are highest among those who find legal help or receive support from community groups, which suggests there are better methods for handling this than detention.

There may, of course, be valid reasons for detaining some migrants, such as newly arrived asylum-seekers whose identities have yet to be verified, people facing imminent court-ordered deportation who the government has reason to fear might disappear, or violent felons who pose a realistic threat to public safety.

One approach would be to match migrants to community service groups or sponsors to better keep track of the individuals and ensure they appear for court hearings; sadly, Trump killed an experimental Obama program that did just that.

This administration has chosen instead to double down on detention, and now it reportedly is considering reviving a version of the vile family separations. The government can neither detain nor deport its way out of this problem. It must find a better way. The fact that it has failed to do so for so long, regardless of which party controlled Congress or the White House, is an embarrassment.

Doubling down on the worst, most ineffective, wasteful, and expensive policies. What if our Government spent the same amount of time, money, personnel, and effort on solving problems , rather than intentionally and cynically aggravating them? The Trump administration is preparing to dispatch troops and has threatened to shut down all entry across the U.

Migration from the trio of Central American nations surged 25 percent between and following the worst drought in 30 years, which left more than 3 million people hungry. On the opposite side of the ocean, a hotter climate is expected to parch once fertile lands. Having missed the chance to seek actual reforms, we now get a militaristic and hasty response to a predictable stress.

Such a response will do little to quell the long-term national security concerns posed by climate change, said Francesco Femia, president of the Center for Climate and Security. By deporting hundreds of thousands of Central Americans from the United States, the administration, like the Obama administration before it, is bolstering gang recruitment in countries like El Salvador, according to a December report from the International Crisis Group.

That worsens the violence that many cite as a main reason for fleeing northward. But if militarizing the border becomes long-term climate policy, Gwynne Dyer, a Canadian military historian, has said enforcement will require bloodshed. My observation after decades of study and involvement is the only ways to close a border are: For everyone else, the best you can do is control.

And control requires a realistic approach to legal immigration. Policies based largely on White Nationalism, racism, xenophobia and other irrational biases seldom succeed in the long run. The hysteria over the caravan of Central American asylum-seekers traveling north towards the United States is spiraling out of proportion.

A calm review of the facts and the historical context of migration from this hemisphere make clear that the United States has the laws and policies in place to respond humanely — in keeping with our values and our laws.

According to the Washington Post , Mexican officials report that they have processed 1, asylum cases. Whether the caravan will grow in numbers or dissipate remains to be seen. Cuba long has been a source of asylum-seekers, as Haiti has been. In , for example, a mass migration of asylum-seekers, known as the Mariel boatlift , brought approximately , Cubans and 25, Haitians to South Florida over a six-month period. In , the U. While the treatment of the Haitians was not our finest hour as a nation, we did pre-screen those at Guantanamo for credible fear and return others to Haiti with the option of in-country refugee processing.

The estimates of migrants in the caravan are comparable to the number of Cubans 7, the U. Coast Guard and Border Patrol picked up in fiscal year The civil wars in Central America during the s prompted asylum-seekers that numbered in the hundreds of thousands.

Data on asylum cases filed with the then-Immigration and Naturalization Service INS show that about , Nicaraguans, , Salvadorans and 41, Guatemalans applied for asylum in the United States from fiscal year through In , the George W.

The number of Central Americans who received these various temporary protections approached , For those who are fearful that bad actors are hiding amid the asylum-seekers in the caravan, rest assured that U. Customs and Border Protection CBP puts all such migrants through rigorous border security screening systems. CBP collects biometric data, performs background checks, and runs them through a host of criminal and national security databases.

Lest we forget, border apprehensions of all irregular migrants including asylum-seekers are now at historic lows. From a peak of 1. Border Patrol apprehended just under , last fiscal year. Research conducted by Stephanie Leutert at the University of Texas found that in fiscal year less than 0. We do not need to send military troops to the border ; rather, we need to adequately staff the asylum offices and immigration courts at the border.

Funding for asylum officers and immigration judges has not been commensurate with the substantial increases in border security funding, despite the obvious interconnections among these functions. We also need to reinstitute in-country refugee processing in El Salvador, Guatemala and Honduras, and extend it to include adults as well as minors. Cutting assistance to Mexico and Central America — which President Trump suggests would punish the source countries into stopping the migration — most likely would exacerbate the underlying problems and increase the number of people fleeing north.

We can handle this. Ruth Ellen Wasem is a clinical professor of policy at the Lyndon B. For more than 25 years, she was a domestic policy specialist at the U. She has testified before Congress about asylum policy, legal immigration trends, human rights and the push-pull forces on unauthorized migration. But, sadly, I doubt that anyone in this Administration is paying attention.

But, setting the record straight is always a good idea even when it falls on deaf ears. Someday, we will have wiser leaders who will be generally interested in understanding the past and using its lessons to build a better future for everyone!

The judge demanded in June that the administration account for every child separated under the enforcement strategy ordered by Attorney General Jeff Sessions. While still picking up the pieces of their last border enforcement fiasco, the Administration is off and running on new policies that potentially will be found to be in violation of law.

The only solution is to find a way to process their asylum applications outside of the United States. In July , I suggested a way to do this to deter unaccompanied alien children from making the perilous journey from Central America to seek asylum in the United States. He also should be able to persuade UNHCR to process asylum seekers who come to the United States at a location outside of the United States if processing is limited to aliens who enter without inspection.

Notwithstanding claims to the contrary, undocumented aliens do not have a right to apply for asylum in the United States. Asylum is a discretionary form of relief. This obligation could be met by arranging for UNHCR to process their persecution claims in some other country with the understanding that an agreed upon number of them would be accepted by the United States as refugees. Aliens who enter without inspection would be placed in expedited removal proceedings.

Asylum seekers also could go directly to the processing centers without having to make the journey to the United States. The alternative is to accept the fact the that our 2,mile border is open to anyone who is willing to cross it illegally and ask for asylum. The statute, 8 USC a 1 , specifically states that: While the ultimate granting of the application might be discretionary I note, however, that current Article III Court decisions restrict the grounds for discretionary denial , the right to apply is clear.

Nolan and I agree on a major point: However, this Administration has shown little interest in doing that. After reviewing the statutory definition of a UIC, which includes as an element of the definition, being under 18 years of age, the BIA determined that the respondent was not a UIC at the time he filed for asylum and therefore the immigration court properly exercised initial jurisdiction over his asylum application.

The updated policy, which goes into effect on Nov. The Form I would remain valid for a two-year period following the date the civil surgeon signed it. In early June, the agency announced it was sending up to 1, immigrant detainees to five federal prisons in Texas, Oregon, California, Washington, and Arizona. But now, a total of only three ICE detainees remain across the five prisons that once held hundreds of immigrants. Immigrant detainees left the federal prisons either because they were deported, transferred to civil detention facilities, or were granted bail.

For years, the federal government has attempted to partner with local communities on immigration enforcement, raising a host of problems. Despite this dark legacy, the Trump administration continues to pursue a significant expansion of these partnerships.

ICE subpoenas immigration lawyer in leak hunt. The ruling sparked a frenzy of immigration court filings. President Trump threatened on Tuesday to withhold aid from the Honduran government if it did not halt a mass migration of more than 1, people, mainly from Honduras, who crossed into Guatemala this week, many with the intention of reaching the United States. Follow the trek of Venezuelan migrants fleeing on foot. The most desperate cannot afford a bus or plane ticket, and so they risk their lives to escape on foot.

Every day, more than migrants start on the walk out of Venezuela. Businesses could be surprised by Trump plan to limit immigrant use of benefits.

AILA Executive Director Ben Johnson highlights the growing number of cases where ICE seizes people during the marriage interview component of their immigration application process, an interview required to pursue the legal status which would protect them. Immigrant detained delivering pizza to Army base, arrested after domestic incident in Hempstead. He is due back in court on Tuesday. He is charged with criminal mischief in the fourth degree.

Attorney General referred Matter of Negusie to himself for review. The defendants allegedly used such deception since to sell immigration form preparation services to consumers, many of whom were attempting to reach the government site to renew their green cards or apply for naturalization.

Comments are best assured of having their full effect if received within 30 days. This manual describes procedures, requirements, and recommendations for practice before the BIA. The proposal is not yet finalized and could ultimately be cast aside, said the sources, who spoke on condition of anonymity because the plan is in the formative stages. If President Trump approved such a plan, it would represent a dramatic escalation in border enforcement as a migrant caravan works its way north through Mexico.

The administration is working rapidly to draft the possible executive action, which could effectively use the same legal authority that Trump invoked last year in imposing a ban against people from several mainly Muslim countries from traveling to the U.

Nor will we forecast to smugglers or caravans what precise strategies will or will not be deployed. Forget Nukes, Star Wars, terrorist attacks, or cyber wars. While some of the mealy-mouthed Justices who voted to unleash Trump from the Constitution might have thought that their spineless pleas for reason and prudence and their obsequious deference to the Executive would have a restraining effect, truth is it just emboldened him by showing that the GOP-Justices were afraid to cross him in a showdown case.

Wonder whose rights will be next to go? Wonder what the Supremes will do when he comes to get them using their own misguided jurisprudence against them? Donald Trump runs on fear. Trump obviously believes his strategy of riling voters up with bigotry is effective. But neither claim—and both are key assumptions made by political analysts in the Trump era—stands to serious scrutiny.

Republicans beyond Trump have made a similar gambit that racist insinuation will energize their supporters and move voters in their favor. In Florida, Republican gubernatorial candidate Ron DeSantis has attacked his black opponent, Andrew Gillum, in terms that evoke racist tropes. In California, Republican incumbent Rep. Trump relied on racism and anti-immigrant sentiment to drive his message, the argument goes, and while it may have produced some defections among college-educated whites, it also attracted enough whites without degrees to win narrow victories in places where they formed a large share of the voting population, including Michigan, Pennsylvania, and Wisconsin.

To voters cross-pressured by cultural conservatism on one end and liberal economic views on the other, Trump promised a synthesis attuned to their identities as blue collar white Americans—they could have both. Gillespie lost by 9 percentage points, and Virginia Republicans came one seat from losing an almost year majority in the House of Delegates. He ran a Trump-like campaign of dishonesty, demagoguery, and casual bigotry. He was even accused of sexual misconduct by multiple women who alleged inappropriate behavior when they were teenagers and he was an attorney in his 30s.

But a Democratic surge, and Republican disenchantment, produced a surprise win for Doug Jones, the Democratic nominee. He lost by a slim margin to Democrat Conor Lamb. The key difference between Trump and these candidates? Trump rejected conservative economic wisdom on retirement spending and other social programs during his presidential campaign, but neither Gillespie nor Moore nor Saccone had an economic agenda distinct from the national Republican Party.

As a candidate, Trump promised to tailor his economic policy to their needs; as president, he pursued large, upper-income tax cuts and pushed deep cuts to Medicaid and other social insurance programs.

Some of this is Democratic mobilization against the president and his constant presence in national life, and some of it reflects shifting partisan loyalties among white voters with college degrees. But some of the change is also Democratic improvement with voters who backed Trump two years ago. President Trump and his allies clearly hope that by stirring the demons of American life, they can create an electoral barrier high enough to stop any potential blue wave.

Racial hysteria has been a part of many winning campaigns in our country. Trump is gambling that it, and it alone, can carry him and his party past the finish line for a second time.

But this is a gamble, and one that is more likely to fail than they seem to realize. And, Trump and the GOP are working hard at offending, insulting, and disrespecting virtually every group in the U.

Even voter suppression and gerrymandering can only do so much. Eventually, the screw will turn. Attorney General Jeff Sessions appears to be exploring a rule that would expand his judicial power, and that some say would allow him to drastically reshape federal immigration policy. Under past practice, immigration experts say attorneys general have only stepped in to affirm or overturn cases once the Board of Immigration Appeals BIA has given a ruling. Such interventions by attorneys general have also been rare.

Under the new proposal, the attorney general could make rulings on immigration cases before they get to the BIA. He argued the proposed change, which was included in the fall semiannual regulatory agenda released by the White House, would give the attorney general too much power.

To suggest otherwise is to ignore facts. Plans for the proposed rule were first listed on the spring regulatory agenda released in May. At that time, the expected release date was September The action has now been delayed until March. Sessions has already been aggressive in getting involved with BIA cases even without the proposed rule change. Rulings from the attorney general are enormously consequential because they set precedent for immigration judges to follow.

In June, Sessions essentially made it impossible for victims of domestic or gang violence to qualify for asylum by overturning a BIA decision to grant asylum to a Salvadoran woman who said she was a victim of domestic abuse. Alberto Gonzales, who served as attorney general under former President George W.

Bush, suggested in a Iowa Law Review article he co-wrote that it could have been a less controversial way for Obama to roll out his Deferred Action for Childhood Arrivals program. Unlike federal district and circuit courts that are part of the federal judiciary branch, immigration courts fall under DOJ control.

Immigration judges are DOJ employees and do not serve lifetime appointments like federal district and circuit court judges. Immigration advocates say Sessions has already taken steps to cut away at their judicial independence. DOJ announced in an April memo obtained by The Wall Street Journal that it was setting quotas to expedite immigration cases and NPR News reported in May that Sessions had ordered judges to stop putting deportations on hold by closing out cases while immigrants apply for visas and green cards.

Immigration advocates say the plan in the regulatory agenda appears to be another step to further cut back their power. Chase said the good news, from his perspective, is the policies set through rulings from the attorney general can be easily undone by a new administration. Still, experts are alarmed by what they see as a broader effort by Sessions to rewrite immigration law. He has instead sent cases back to immigration judges for further action, which delays the opportunity to appeal.

So, Sessions proposes to essentially strip the BIA of its authority to render major legal precedents. Their primary role would become insuring that U. The President also escalated his attacks on the migrant caravan making its way through Mexico.

It remains to be seen. For more than 15 years, nonprofit groups have helped hundreds of asylum-seeking migrants journey through Central America to the United States, traveling together in a caravan to make the journey safer and their plight more visible.

Thousands of Central American migrants currently walking to the U. As many as 7, migrants, according to one local estimate , have now joined the caravan that started on Oct. President Donald Trump — who has long critiqued U. He also blamed Democrats for the current immigration laws, though Republicans currently control both chambers of Congress and the White House. I mean, what you say is valuable and everything.

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