DOJ and DHS Issue New Asylum Rule

Department of Justice ^ | Thursday, November 8, 2018 | Department of Justice Office of Public Affairs

[Covenantor]

DOJ and DHS Issue New Asylum Rule

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.

[Tammy8]

You are right the open borders people will likely run right to a judge, and it will end up before the Supreme Court. Those that support open borders and illegal immigration have and will continue to put up roadblocks to securing the border and deporting illegals- they have been doing it for decades. I do have faith in President Trump to find a way to break through those roadblocks.

[Windflier]

Discretionary means whatever a federal district judge takes it to mean and it won’t be hard to find one who thinks it means Trump is the anti-Christ and nothing he wants or does is legal and voila a nationwide injunction forbidding any change and it will take 3 years to get to the Supreme Court and be overruled.

That ship has sailed...

The President has it within his statutory and constitutional authority to suspend all grants of asylum, should he choose to do so. This was reaffirmed by the SCOTUS in June of this year, in the case, Trump v. Hawaii, No. 17-965 in the Supreme Court of the United States.

“8USC 1182(f) and 1185(a) By its terms, §1182(f) exudes deference to the President in every clause. It entrusts to the President the decisions whether and when to suspend entry, whose entry to suspend, for how long, and on what conditions. It thus vests the President with “ample power” to impose entry restrictions in addition to those elsewhere enumerated in the INA.”

[Windflier]

2 meters into the border

How much is that in American?

[Chode]

WINNING!!!

[Basket_of_Deplorables]

Sessions would have done that. Trust Sessions!

/sarcasm

God I’m glad magoo is gone. 1 day, things have changed for the better.

[MIA_eccl1212]

at this point, touching american soil will no longer allow and appeal for asylum... until today, it did.

that legal avenue is now blocked. and there is an appeal ready to fast track to the SUPREMOS... with a few blank lines that can be typed in and walked over.

they can touch toe in American soil and then be removed... because the interpretation and execution of the lawful order, is totally in the hands of the president.

It is a fact that in 1 day USM laid down 170 miles of concertina wire. that was 2-3 days ago.

By now we have at least 300 miles done. we are now at least 10 percent complete relative to the entire border. But by the time the convoys actually get here... we will probably be closer to 1000 or 1500 miles complete, maybe more.

Then comes the road, the offset trench and foundation that is maybe 20 foot wide by 15 ft deep, with the new wall prepped for erection/installation and offset to the american side with a mexican side ravine with concertina wire on the other side at 15 - 18 ft tall...

The location and number of ports of entry, TBD, but more than a day walk between entry point ports by foot.
If we were to add 24 7 drones, humvees, troop halftracks, and a few tanks, with barracks every few miles... manned by USM all the time and embedded rotating ICE and border patrol hot bunked team members stationed as required. Well that would have a significant impact.. illegal entry estimate at .005 percent of the current hemorrhaging.

the illegal immigration via our south border will be over. but they will take boats to cabo from mainland mexi... the go up the pacific coast and take “smugggling subs” up the coast of california... as well as the same on the gulf coast into texas and gulf states.

but it will be a lot harder... than finding a job in Mexico or Costa Rica..

[grey_whiskers]

I've got a new Asylum rule.

Several Politicians belong in an Asylum ("Peach Fo-ti FI"). Or Crazy Bernie, or Occasional Cortex...

[Mouton]

Allegedly we are supposedly to accept asylum claims. It does not say where we put them. How about in Alaska.

[vmpolesov]

Lol buttheads still gonna butt

[arrogantsob]

You don’t think a mere law will stop the Demons.

When is the first stay issued by an out-of-control judiciary?

[bitt]

p

[Greetings_Puny_Humans]

Yes, interesting

[Sam Gamgee]

Ah crap gave myself away? :)

2 yards. FWIW Canada doesn’t have much of a border either ...but our struggle is the willful importation of fake Syrian refugees.

[Sam Gamgee]

Wow, you are really informed on this. Sounds like the “wall” IS in fact getting done - whether or not it is an actual wall.

Strangely I haven’t heard much of any resistance to this yet - is the news too focussed on Acosta? Soros has got to have something in the works to stop this.

[Windflier]

2 yards.

I know. I'm just tired of the eurofication of America.

[Sam Gamgee]

Yes, I have noticed that. We have an open contract with Microsoft and we had 2 of their experts from California who had moved here to help us, 1 of them was from France. I understand that silicon valley is chock full of foreigners.