Things That Matter

With This New Rule, Migrants Passing Through Mexico Will No Longer Be Eligible To Seek Asylum In The US

The US will end asylum protections for Central Americans and others who cross through Mexico to reach the southern border, the Trump administration announced Monday, a sweeping, unprecedented move that will quickly be challenged in court.

The new move, which bars asylum for any individual who crosses through a third country but does not apply there for protection before reaching the US southern border, takes effect Tuesday in the form of a regulatory change.

In a move that many are saying is illegal, Trump has moved to limit asylum protections for migrants from Central America.

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The Trump administration on Monday moved to dramatically limit the ability of Central American migrants to claim asylum if they enter the United States by land through Mexico, the latest attempt by the White House to limit immigration and toughen the US asylum process amid overcrowded conditions at border facilities.

The rule from the departments of Justice and Homeland Security would prohibit migrants who have resided or “transited en route” in a third country from seeking asylum in the US, therefore barring migrants traveling through Mexico from being able to claim asylum and as a result, drastically limit who’s eligible for asylum.

The new rule affects anyone who travels through a third country before seeking asylum in the US.

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It becomes the latest in a series of attempts by the Trump administration to actively deter asylum seekers from reaching the border. 

Many are saying that with this one rule change, the US is turning its back on the entire asylum process and likely breaking US and international law.

Many are describing the new rule as completely violating both US and international law.

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Lee Gelernt, the ACLU attorney who has led efforts to contest the Trump administration’s immigration policies in court, said the organization will challenge the new asylum rule, arguing that it is inconsistent with U.S. and international law.

“The administration is effectively trying to end asylum at the southern border,” Gelernt said. “The administration has already tried once to enact an asylum ban for individuals who cross between ports of entry and the courts struck it down because Congress has made a commitment to provide protection to individuals regardless of where they cross. The administration is now attempting an even broader bar on asylum based on which countries you transited through, but Congress made clear that it’s irrelevant whether you had to walk through other countries to get to safe haven in the United States.”

The ACLU and other immigrant’s rights organizations are already threatening immediate legal challenges.

The move is almost certain to trigger swift legal challenges, because the US Immigration and Nationality Act (INA) contains broad provisions allowing foreigners who reach US soil to apply for asylum if they claim a fear of persecution in their native countries.

An American Civil Liberties Union attorney who has been challenging Trump administration immigration policies in court said the organization would seek an injunction “immediately.”

Perhaps most disturbing, the rule change also affects unaccompanied minor children.

Credit: @TexasTribune / Twitter

Kids who come to the US border to seek asylum would now be forced to return to Mexico and first attempt a claim at asylum there.

Democratic officals pointed out the irony of Trump forcing migrants fleeing violence in their home country to seek asylum in a country he’s described as full of violence and rapists.

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Under US law, migrants are allowed to claim asylum once on US soil. There’s a caveat, however, for those who come through safe third countries, meaning countries that the US has entered into an agreement with.

The United Nations’ refugee agency defines “safe country,” in part, as “being countries in which refugees can enjoy asylum without any danger.”

But Trump’s own statements on Mexico could undercut that definition. In tweets, the President has called Mexico “one of the most dangerous country’s in the world” and claimed that the murder rate in the country has increased.

“The Coyotes and Drug Cartels are in total control of the Mexico side of the Southern Border. They have labs nearby where they make drugs to sell into the U.S. Mexico, one of the most dangerous country’s in the world, must eradicate this problem now. Also, stop the MARCH to U.S.” Trump tweeted in April.

Many took to Twitter to express their doubt about whether the president even understands how international treaties work.

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“This latest regulation is an attempt to close down one of the few remaining avenues for people in need of protection,” said Ur Jaddou, former chief counsel for the US Citizenship and Immigration Services.

“The only ray of light for those seeking safety is that Congress was clear when it enacted the asylum law and this attempt to circumvent it by regulation will likely see the same fate of other Trump administration attacks on the law and result in a federal court injunction.”

READ: After Being Denied Asylum By The US Some Migrants Are Returning Home With Mexico’s Help

The Trump Administration Raised Fees For Immigration Cases Including For Refugees

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The Trump Administration Raised Fees For Immigration Cases Including For Refugees

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In its continuing campaign against immigrants and refugees, the Trump administration has increased the costs of immigration proceedings – in some instances by more than 80%. These new fees could make the cost of seeking asylum protection in the U.S. or becoming a citizen out of reach for tens of thousands of immigrants.

The new fees are seen as little more than an additional tool used by the administration to further limit immigration to the U.S. and make life more difficult for those seeking to call the U.S. homes.

The Trump administration announced major changes to the fees charged for immigration proceedings.

On Friday, the Trump administration announced it would dramatically increase the fees for U.S. immigration services on everything from refugee asylum requests to naturalization services. The new fee structure, released by U.S. Citizenship and Immigration Services (USCIS), is expected to take effect on October 2.

The new fees are seen as little more than an additional tool used by the administration to further limit immigration to the U.S. and make life more difficult for those seeking to call the U.S. homes. It will also have an outsized impact on business that hire foreign workers.

The agency, which has closed offices and suspended most services during the pandemic, has said it faces a significant revenue shortfall that could trigger furloughs. Earlier this year, the agency requested $1.2 billion in emergency funds from Congress.

The U.S. will now be one of just a few countries that actually charge refugees to file asylum requests.

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With the new fee charged to refugees and asylum seekers, the U.S. will become one of just four countries that actually charge for this application. The new fee for asylum is a blatant attack on the most vulnerable among us and is another way for the administration to target and restrict protections for those fleeing their home countries.

The $50 application fee for asylum applications now puts the U.S. in the same ranks as Iran, Fiji, and Australia. The new rule would also raise the cost for an asylum applicant to apply for an employment authorization document (EAD) from the current zero to $490, one of many policy changes to discourage potential asylum applicants. DHS commented, “DHS does not believe that the EAD fee is unduly burdensome for asylum seekers.”

However, one asylum officer who spoke with BuzzFeed News on condition of anonymity said the fee was discouraging.

“The larger problem is that humanitarian applications by their nature should be free,” the officer said. “The idea of charging people who are fleeing — and not helping if they don’t pay up — is disgusting.”

Another asylum officer said it will cost the agency more to collect the fee than $50, “which doesn’t come close to covering the cost of adjudicating an asylum application.”

Other fees – from green card replacements to citizenship applications – will also be going up.

The new fee changes impact several categories of services offered by USCIS that will impact our community. Two of the most common types of visas issued by the agency (L and H-1B visas) will increase by 75% and 21% respectively.

The L visa – which is used for short term work in the U.S. – will increase from $460 to $805. The fee for an H-1B petition (which is used by employers to hire highly-skilled workers) will rise from $460 to $555.

For season workers in the U.S., of which there are hundreds of thousands, their fees will also increase by almost 50%. The current fee for these visas is $460 but the H-2A (season agricultural) will rise to $850 and the H-2B (seasonal non-agricultural) will rise to $715.

USCIS would increase the cost of the application (N-400) to become a U.S. citizen by more than 80%, rising from $640 to $1,160 (for online filings, although a separate $85 biometrics fee would be eliminated). 

The new increased fees come as the agency faces a financial crisis that many say are of its own making.

Many are concerned about the timing of these fee increases because USCIS is in the midst of historic mismanagement, that has face the agency from a substantial surplus to a deficit so severe USCIS has requested a $1.2 billion bailout from Congress.

Rep. Zoe Lofgren, chair of the House Judiciary’s Subcommittee on Immigration and Citizenship, held a July 29, 2020, oversight hearing that helped explain how the Trump administration caused the financial problems at USCIS through its policy choices on immigration.

“Under the Trump Administration, USCIS has issued a flurry of policies that make its case adjudications more complicated, which reduces the agency’s efficiency and requires more staff to complete fewer cases,” testified Doug Rand, a founder of Boundless Immigration and a senior fellow at the Federation of American Scientists. “There are dozens if not hundreds of such policies.” 

Trump, Living In Alternate Reality, Says The U.S. Has Less Coronavirus Thanks To His Border Wall

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Trump, Living In Alternate Reality, Says The U.S. Has Less Coronavirus Thanks To His Border Wall

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Trump has long framed the U.S.-Mexico border wall – his vanity project – as protection from outside forces. He’s claimed that his wall will not only deter undocumented migrants from crossing the border but it will also prevent terrorism and crime and now, it provides health security.

On several occasions, Trump has tried to link his wall with protection from the Coronavirus. However, the pandemic is raging out of control within the United States. In fact, it’s other countries that are putting up barriers for Americans as they try to protect themselves from America’s failure to halt the spread of the disease.

Trump claimed that his border wall has protected the U.S. from Coronavirus.

During a Fox News interview with Chris Wallace, Trump made an absurd claim that the U.S. was protected from Coronavirus thanks to his border wall. Wallace was pressing Trump on the U.S. response to the pandemic and how it’s number one in both infections and deaths.

“But you take a look, why don’t they talk about Mexico? Which is not helping us. And all I can say is thank God I built most of the wall, because if I didn’t have the wall up we would have a much bigger problem with Mexico,” Trump told Chris Wallace.

However, Trump must be living in an alternate reality if he truly believes that his border wall has helped prevent the spread of Coronavirus into the country. The U.S. currently has 11 times more cases and far more deaths from the outbreak than Mexico. As of today, Johns Hopkins totaled more than 144,000 deaths and 3.97 million infections in the United States.

Then there’s the fact that the Trump administration has actually been very slow to build Trump’s vanity wall project. According to U.S. Customs and Border Protection (CBP), 245 miles of barrier have been built so far, including parts that replaced older barriers. That’s 245 miles of a 1,954 mile long border.

However, this wasn’t the first time that Trump has made such claims.

Long before Coronavirus had claimed it’s first known victim in the U.S., President Trump was already trying to connect the disease to the U.S.-Mexico border and his wall project.

At a rally in South Carolina on February 28, he argued that we needed to build more wall to keep the virus out, even though it was already in the country and spreading like wildfire.

“We must understand that border security is also health security,” Trump argued. “We will do everything in our power to keep the infection and those carrying the infection from entering our country.”

That same day, the U.S. had 63 known cases of COVID-19, and Mexico announced its first two confirmed cases. Nevertheless, Trump and some of his allies have continued trying to frame illegal crossings of the Mexican border as a top potential source of coronavirus in the United States.

Just this month at a visit to an Arizona segment of the border wall, Trump tried to credit his new wall with stopping both undocumented immigration and the Coronavirus.

“It stopped COVID, it stopped everything,” Trump said.

His comments sparked outrage on both sides of the U.S.-Mexico border.

Trump is known for uttering complete falsehoods – he’s told more than 20,000 since taking office. But these comments about his wall protecting the U.S. from Coronavirus (as it rages within our borders) left many shocked.

In Mexico, President AMLO was asked about Trump’s assertion that construction of the border wall has prevented Coronavirus contagion coming north from Mexico. Although AMLO acknowledged he doesn’t agree with Trump, he also wouldn’t confront him.

“I respect President Trump’s point of view,” López Obrador told reporters during a daily press conference. “Of course I don’t share his opinion, but I’m not going to confront [Trump],” he added.

Both countries have been hit hard by the pandemic, but the U.S. leads the world in infections and deaths.

It’s true that Mexico has also been hit hard by the pandemic. The country is currently ranked seventh globally in terms of the number of infections and fourth in number of deaths. As of July 22, Mexico has 356,255 confirmed Covid-19 cases and has suffered more than 40,000 deaths. Although those numbers are disheartening, they pale in comparison to the figures seen in the United States.

And although the virus has spread aggressively in both countries, Mexican governors of states that border the U.S. have called for stricter border controls to protect their residents. States along the southern border (including California, Arizona, and Texas) have become the new epicenter for the virus in the United States and Mexicans hope to prevent contagion into their states.