Skip to comments.Trump Signs Executive Proclamation: No Asylum for Illegal Entry
Posted on 11/12/2018 6:02:53 AM PST by markomalley
President Trump on Friday morning signed a proclamation that would deny any asylum claims made by immigrants who entered the country illegally, in response to increased illegal entry along the U.S.-Mexico border. Under this directive, claims for asylum may only be made at ports of entry to the United States. The White House released a full explanation and details of the order on Twitter.
Trump told reporters on Friday, people can come in, but they have to come in through the ports of entry, and that, to me, is a very important thing, In response to the migrant caravan making their way through Mexico, Trump said were not letting them in, but theyre trying to flood our country. We need the wall.
The proclamation was signed by the President because of his belief that the laws are obsolete, and theyre incompetent. They are the worst laws any country has anywhere in the world, and its only because we dont have the Democrats votes.
The President reiterated that he is in favor of immigration and acknowledged that the U.S. needs new immigrants to fill job openings. He further explained, we need people in our country, but they have to come in legally, and they have to have merit.
Trumps latest move to curb illegal immigration will almost definitely be challenged in court, but the administration claims this proclamation to be legal and falls within the scope of presidential powers.
Read the Full Story HERE
The United States expects the arrival at the border between the United States and Mexico (southern border) of a substantial number of aliens primarily from Central America who appear to have no lawful basis for admission into our country. They are traveling in large, organized groups through Mexico and reportedly intend to enter the United States unlawfully or without proper documentation and to seek asylum, despite the fact that, based on past experience, a significant majority will not be eligible for or be granted that benefit. Many entered Mexico unlawfully some with violence and have rejected opportunities to apply for asylum and benefits in Mexico. The arrival of large numbers of aliens will contribute to the overloading of our immigration and asylum system and to the release of thousands of aliens into the interior of the United States. The continuing and threatened mass migration of aliens with no basis for admission into the United States through our southern border has precipitated a crisis and undermines the integrity of our borders. I therefore must take immediate action to protect the national interest, and to maintain the effectiveness of the asylum system for legitimate asylum seekers who demonstrate that they have fled persecution and warrant the many special benefits associated with asylum.
In recent weeks, an average of approximately 2,000 inadmissible aliens have entered each day at our southern border. In Fiscal Year 2018 overall, 124,511 aliens were found inadmissible at ports of entry on the southern border, while 396,579 aliens were apprehended entering the United States unlawfully between such ports of entry. The great number of aliens who cross unlawfully into the United States through the southern border consumes tremendous resources as the Government seeks to surveil, apprehend, screen, process, and detain them.
Aliens who enter the United States unlawfully or without proper documentation and are subject to expedited removal may avoid being promptly removed by demonstrating, during an initial screening process, a credible fear of persecution or torture. Approximately 2 decades ago, most aliens deemed inadmissible at a port of entry or apprehended after unlawfully entering the United States through the southern border were single adults who were promptly returned to Mexico, and very few asserted a fear of return. Since then, however, there has been a massive increase in fear-of-persecution or torture claims by aliens who enter the United States through the southern border. The vast majority of such aliens are found to satisfy the credible-fear threshold, although only a fraction of the claimants whose claims are adjudicated ultimately qualify for asylum or other protection. Aliens found to have a credible fear are often released into the interior of the United States, as a result of a lack of detention space and a variety of other legal and practical difficulties, pending adjudication of their claims in a full removal proceeding in immigration court. The immigration adjudication process often takes years to complete because of the growing volume of claims and because of the need to expedite proceedings for detained aliens. During that time, many released aliens fail to appear for hearings, do not comply with subsequent orders of removal, or are difficult to locate and remove.
Members of family units pose particular challenges. The Federal Government lacks sufficient facilities to house families together. Virtually all members of family units who enter the United States through the southern border, unlawfully or without proper documentation, and that are found to have a credible fear of persecution, are thus released into the United States. Against this backdrop of near-assurance of release, the number of such aliens traveling as family units who enter through the southern border and claim a credible fear of persecution has greatly increased. And large numbers of family units decide to make the dangerous and unlawful border crossing with their children.
The United States has a long and proud history of offering protection to aliens who are fleeing persecution and torture and who qualify under the standards articulated in our immigration laws, including through our asylum system and the Refugee Admissions Program. But our system is being overwhelmed by migration through our southern border. Crossing the border to avoid detection and then, if apprehended, claiming a fear of persecution is in too many instances an avenue to near-automatic release into the interior of the United States. Once released, such aliens are very difficult to remove. An additional influx of large groups of aliens arriving at once through the southern border would add tremendous strain to an already taxed system, especially if they avoid orderly processing by unlawfully crossing the southern border.
The entry of large numbers of aliens into the United States unlawfully between ports of entry on the southern border is contrary to the national interest, and our law has long recognized that aliens who seek to lawfully enter the United States must do so at ports of entry. Unlawful entry puts lives of both law enforcement and aliens at risk. By contrast, entry at ports of entry at the southern border allows for orderly processing, which enables the efficient deployment of law enforcement resources across our vast southern border.
Failing to take immediate action to stem the mass migration the United States is currently experiencing and anticipating would only encourage additional mass unlawful migration and further overwhelming of the system.
Other presidents have taken strong action to prevent mass migration. In Proclamation 4865 of September 29, 1981 (High Seas Interdiction of Illegal Aliens), in response to an influx of Haitian nationals traveling to the United States by sea, President Reagan suspended the entry of undocumented aliens from the high seas and ordered the Coast Guard to intercept such aliens before they reached United States shores and to return them to their point of origin. In Executive Order 12807 of May 24, 1992 (Interdiction of Illegal Aliens), in response to a dramatic increase in the unlawful mass migration of Haitian nationals to the United States, President Bush ordered additional measures to interdict such Haitian nationals and return them to their home country. The Supreme Court upheld the legality of those measures in Sale v. Haitian Centers Council, Inc., 509 U.S. 155 (1993).
I am similarly acting to suspend, for a limited period, the entry of certain aliens in order to address the problem of large numbers of aliens traveling through Mexico to enter our country unlawfully or without proper documentation. I am tailoring the suspension to channel these aliens to ports of entry, so that, if they enter the United States, they do so in an orderly and controlled manner instead of unlawfully. Under this suspension, aliens entering through the southern border, even those without proper documentation, may, consistent with this proclamation, avail themselves of our asylum system, provided that they properly present themselves for inspection at a port of entry. In anticipation of a large group of aliens arriving in the coming weeks, I am directing the Secretary of Homeland Security to commit additional resources to support our ports of entry at the southern border to assist in processing those aliens and all others arriving at our ports of entry as efficiently as possible.
But aliens who enter the United States unlawfully through the southern border in contravention of this proclamation will be ineligible to be granted asylum under the regulation promulgated by the Attorney General and the Secretary of Homeland Security that became effective earlier today. Those aliens may, however, still seek other forms of protection from persecution or torture. In addition, this limited suspension will facilitate ongoing negotiations with Mexico and other countries regarding appropriate cooperative arrangements to prevent unlawful mass migration to the United States through the southern border. Thus, this proclamation is also necessary to manage and conduct the foreign affairs of the United States effectively.
NOW, THEREFORE, I, DONALD J. TRUMP, by the authority vested in me by the Constitution and the laws of the United States of America, including sections 212(f) and 215(a) of the Immigration and Nationality Act (INA) (8 U.S.C. 1182(f) and 1185(a), respectively) hereby find that, absent the measures set forth in this proclamation, the entry into the United States of persons described in section 1 of this proclamation would be detrimental to the interests of the United States, and that their entry should be subject to certain restrictions, limitations, and exceptions. I therefore hereby proclaim the following:
Section 1. Suspension and Limitation on Entry. The entry of any alien into the United States across the international boundary between the United States and Mexico is hereby suspended and limited, subject to section 2 of this proclamation. That suspension and limitation shall expire 90 days after the date of this proclamation or the date on which an agreement permits the United States to remove aliens to Mexico in compliance with the terms of section 208(a)(2)(A) of the INA (8 U.S.C. 1158(a)(2)(A)), whichever is earlier.
Sec. 2. Scope and Implementation of Suspension and Limitation on Entry. (a) The suspension and limitation on entry pursuant to section 1 of this proclamation shall apply only to aliens who enter the United States after the date of this proclamation.
(b) The suspension and limitation on entry pursuant to section 1 of this proclamation shall not apply to any alien who enters the United States at a port of entry and properly presents for inspection, or to any lawful permanent resident of the United States.
(c) Nothing in this proclamation shall limit an alien entering the United States from being considered for withholding of removal under section 241(b)(3) of the INA (8 U.S.C. 1231(b)(3)) or protection pursuant to the regulations promulgated under the authority of the implementing legislation regarding the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, or limit the statutory processes afforded to unaccompanied alien children upon entering the United States under section 279 of title 6, United States Code, and section 1232 of title 8, United States Code.
(d) No later than 90 days after the date of this proclamation, the Secretary of State, the Attorney General, and the Secretary of Homeland Security shall jointly submit to the President, through the Assistant to the President for National Security Affairs, a recommendation on whether an extension or renewal of the suspension or limitation on entry in section 1 of this proclamation is in the interests of the United States.
Sec. 3. Interdiction. The Secretary of State and the Secretary of Homeland Security shall consult with the Government of Mexico regarding appropriate steps consistent with applicable law and the foreign policy, national security, and public-safety interests of the United States to address the approach of large groups of aliens traveling through Mexico with the intent of entering the United States unlawfully, including efforts to deter, dissuade, and return such aliens before they physically enter United States territory through the southern border.
Sec. 4. Severability. It is the policy of the United States to enforce this proclamation to the maximum extent possible to advance the interests of the United States. Accordingly:
(a) if any provision of this proclamation, or the application of any provision to any person or circumstance, is held to be invalid, the remainder of this proclamation and the application of its other provisions to any other persons or circumstances shall not be affected thereby; and
(b) if any provision of this proclamation, or the application of any provision to any person or circumstance, is held to be invalid because of the failure to follow certain procedures, the relevant executive branch officials shall implement those procedural requirements to conform with existing law and with any applicable court orders.
Sec. 5. General Provisions. (a) Nothing in this proclamation shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This proclamation shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This proclamation is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
IN WITNESS WHEREOF, I have hereunto set my hand this
ninth day of November, in the year of our Lord two thousand eighteen, and of the Independence of the United States of America the two hundred and forty-third.
DONALD J. TRUMP
Hollywood and MSM cries of racism in 3...2
A good start, Mr. President, but this is only part of the battle. We’re still waiting for your executive order on birthright citizenship.
BOOOOOM of the Day!
And -— let’s get the wall built/finished. NOW. Stop the flow of Latin American crime and poverty into the USA.
“And - lets get the wall built/finished. NOW. Stop the flow of Latin American crime and poverty into the USA.”
During his campaign Mr. Trump promised the American people Mexico will pay for the wall. Mexico has declined. Therefore if the wall is to be built it will have to be paid for by the American people.
Our Constitution gives the power to appropriate tax money to the Congress, not the President. For the first two years of the Trump administration, the GOP controlled the House and Senate. The GOP Congress refused to fully fund the wall. In the 2018 elections the American people elected a Democrat majority in the House of Representatives, the branch of Congress where all appropriation bills must originate. The Democrats are on record as opposing the wall so there will be no funds appropriated for that purpose during the next two years.
President Trump failed in his promise to have Mexico pay for the wall. The GOP Congress chose not to fund the wall. The Democrat House will not fund the wall. It appears the wall is a dead issue.
President Trump failed in his promise to have Mexico pay for the wall. The GOP Congress chose not to fund the wall. The Democrat House will not fund the wall. It appears the wall is a dead issue.
Is there anything stopping the President from crowdfunding the wall?
How about if we-the-people pay for it DIRECTLY, by-passing those useless vermin in Congress?
Or, if that doesn’t work, how about declaring this invasion a military emergency and put the money he won for the military last year towards building the wall? I remember reading, at the time, that the use of that money was up to HIM, not Congress.
There are still options. Our President thinks outside the box.
He will ask for wall money. If Congress refuses he will not sign their endless continuing resolutions.
Make the damn Congress actually pass a budget for the first time in many years.
“And - lets get the wall built/finished. NOW.”... .
Doesn’t look too promising now that “Mad Maxine” will be the Chairman of the Finance Committee... .Or, was that some other group of corrupt politicians?
How did Trump fail when you yourself stated that Congress has the power of the purse?
“Is there anything stopping the President from crowdfunding the wall?”
There is nothing to prevent the people from crowdfunding the wall. However, without authorization from Congress the President will be unable to forcibly use private land along the border for the wall. In addition, private financing of the wall will be opposed in court by globalists, immigrant rights social justice organizations, and Democrats. No doubt they will go court shopping and find an Obama or Clinton appointee to issue an injection against a privately funded wall. Litigating the issue up to the Supreme Court will take years. If the Democrats capture the White House in 2020, game over.
Truthfully the time to realize the wall occurred during the Bush administration when Congress passed a bill authorizing and funding the wall. The Bush administration chose to build a “virtual” wall, giving billions of dollars to Boeing for electronic surveillance that failed. The Obama administration ended the Bush virtual wall. Had Bush moved aggressively forward with a physical barrier it would be in place today. Instead he was angry that Congress wouldn’t pass amnesty so he elected to construct a non-physical barrier which could be eliminated.
“It appears the wall is a dead issue.”
To MY eye - every little thing President Trump is doing IS ‘building a wall.’ This guy will go in, around, under and through to eventually get what he wants.
This is an excellent stop-gap measure. Next will be the birthright citizen cr@p reversed, then some other piece of the puzzle to thwart illegals until he get a physical wall completed.
We’re a helluvalot closer than we’ve ever been! I’m seeing forward motion. MAGA! :)
“How did Trump fail when you yourself stated that Congress has the power of the purse?”
Trump emphatically stated on every campaign stop during the 2016 elections he would build a wall and Mexico would pay for it. Mexico is not paying for the wall. This claim by Trump Mexico would pay for the wall was a false promise and ranks with Obama’s promise about the ACA - “You can keep your health insurance plan if you like it.”
Trump also had the opportunity during the last two appropriation cycles of refusing to sign the bill funding the government unless full funding for the wall was included. Both times the GOP leadership in Congress persuaded him for political reasons not to use a government shutdown to force funding of the wall. Trump acquiesced . He made the choice to knuckle under to the weakness of the GOP leadership in Congress instead of taking the issue to the American people by vetoing the bill.
Perhaps Trump made the right decision in not vetoing an appropriations bill excluding full funding of the wall, perhaps it was not the right decision. Whatever the political consequences he did not use the full power of his office to press the issue when the GOP controlled both houses of Congress.
I support President Trump. However, I also believe in assessing accountability objectively. The fact is, Trump has failed to deliver on his promise regarding the wall.
Trump missed a great opportunity to force Mexico to pay for the wall while renegotiating NAFTA (USMCA). In addition to raising tariffs on all imports from Mexico, there should have been a high tax (at least 20-25%) imposed on all remittances sent to Mexico by relatives of Mexican nationals.
It was so important for Trump to have stood firm and win Trump v Hawaii (Muslim Travel Ban), even though pressure was applied to either back down or to flatly ignore lower court rulings. (Either of these options would serve globalist ends)
It was so important for Trump (and the GOP Senate) to have stood firm and win the Kavanaugh fight.
Those two wins set the foundation to win this fight.
I am so proud of our President!
“I support President Trump. However, I also believe in assessing accountability objectively. The fact is, Trump has failed to deliver on his promise regarding the wall.”
Then vote for someone else in 2020, otherwise you just posted all of that to basically hear the sound of your own voice.
“assessing accountability” my ass.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.