Rick Oltman, July 25, 2019
On July 16th, President Trump issued a new rule requiring asylum-seekers to apply for asylum in the first country they entered, instead of waiting until they reached the United States.
The new rule required most asylum seekers entering through our southern border to first seek asylum in one of the countries they had traveled through, be it Mexico, a Central American country, or another country elsewhere in the world. Then if their application was denied, they would be allowed to seek asylum in the United States.
On July 24th, two courts reached conflicting opinions on the rule. Early in the day, Washington D.C. District Judge Timothy Kelly declined to block the rule.
Later in the day in San Francisco, U.S. District Judge Jon Tigar in the Northern District of California issued a preliminary injunction blocking the rule.
Tigar based part of his judgment, not on the law but, on his interpretation of conditions in Mexico:
While it purports to offer protections for migrants, the ban could potentially expose them to grave dangers as they’re forced to seek protection in Mexico or other nations before applying for asylum in the U.S.
In November 2018, Tigar struck down a different asylum rule that attempted to block all migrants crossing illegally (not at a port of entry) from asking for asylum in the United States.
A New York Post editorial on July 21st proclaimed, Trump should have every right to impose sensible rules to stem this insanity. And that Trump’s changes to asylum rules make perfect sense.
Our asylum courts are jammed with almost a million cases. The asylum process is being abused by liars who aren’t seeking asylum, but to gain access to America (for reasons we all understand).
The asylum process is well-known to smuggling cartels who use it as a selling point to get desperate people to smuggle drugs, spend their money or otherwise sell themselves to pay for the escort to the border.
America needs to send a discouraging message directly into the feeder countries that asylum is not the free ride it once was. Striking down Tigar’s ruling, which would be the logical outcome of a higher court’s review, can send that discouraging message and reduce the flow to our borders.
You have enemies? Good. That means you’ve stood up for something, sometime in your life. [Winston Churchill.]
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