Posted on 11/08/2018 2:22:30 PM PST by Covenantor
Applies President’s authority to suspend entry to asylum
Acting Attorney General Matthew Whitaker and Department of Homeland Security Secretary Kirstjen Nielsen today 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.
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.”
Today’s new rule applies to prospective presidential proclamations, and is not retroactive.
Asylum is a discretionary form of relief granted by the Executive Branch on a discretionary basis to those fleeing persecution on the basis of their race, religion, nationality, membership in a particular social group, or political opinion. The rule does not render such aliens ineligible for withholding of removal under the INA or protection from removal under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
Air drop leaflets on the caravan with this news.
Whitaker sure works fast LOL
I predict that you will not see any more caravans for the next two years.
Democrats do not want Trump to be able to go around and bludgeon them, saying this is happening because they would not fund the wall.
I’m pretty sure they will find a rock to throw or something. But the result will be the same.
I like staff excited to get going on day one.
“For example ages ago flying to London. Customs asks “Do you plan to work in the UK?”
You should have said “I plan to pray to allah at the nearest mosque” and they would have let you in asap..
MAGA!!
Best!
President!
Ever!!!
Great. Wonderful! But has a District Court blocked it yet?
How long before the 9th circuit suspends this?????
That is excellent.
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.”
President Trump can essentially shut down the granting of any of these visa to Chinese nationals for instance. I believe that in regards to the H-1B visa he could exclude applicants with less than a PhD for instance and shut down bodyshops like Infosys. Nice!
LOL. We should just ship all refugees to Hawaii. Even better, require the ObamaJudges in Hawaii to put them up in their spare bedroom.
Well I have a relative who runs truckers for his company and agrees with Trump that we need people because his company can’t meet the huge demands for tuckers since the economic turn around. But they want them vetted for sure....We know he’s not the only company screaming for workers.
The Third!
agree .....
DOD troops have the authority to DETAIN for they’re OWN protection. That means use of force, up to and including DEADLY FORCE, PURSUIT, CAPTURE and HOLD !
I’ve seen me do it while assigned to JTF-6 !
They will find a judge to block this by the end of the week.
From what I have been told unofficially there have been right at 1000 illegals and asylum seekers detained in my area in the last two weeks, and I am not in a hot spot of the border. This traffic picked up as soon as the serious heat let up, so would be a staggering number if went back that far. I have been wondering why the dims and media decided to focus on the one “caravan” that could or couldn’t when a wave was already here when they started reporting it.
Border Patrol is going to come to our community to discuss what is going on and answer questions and what not next week. Some dims are now saying the stories about large numbers of illegals coming are a hoax, and that President Trump is sending the military to the border as a stunt or whatever but trust me this is real and is a mess. We had illegals all around here last night, a neighbor had 25 in his barn. This is very disruptive, scary, ETC.
I have lived on the border for 50 years and I have to say I have confidence that President Trump is and will do all he can possibly do to solve the issues of the border and illegal immigration. What really upsets me is there are so many people who support open borders and illegal immigration and have no idea what that really means. The truly sad thing is most of them are only doing it for their agenda, not for any other reason.
I hope and pray that Trump can find the support he needs to deal with these issues in order to secure this border and stop the flood of illegal immigration to make all of us in this country more safe and secure, not just those of us on the border.
If any of you feel this is just a border issue I have to tell you the illegals do not stay here, they are all over this country. They are causing issues in my area, but likely in yours as well no matter where you live. You may not be aware of it but this is a national problem and has to be dealt with.
After our community meeting with Border Patrol next week I will report on what is said, hopefully they have some answers for us.
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