Trump orders asylum overhaul, including new fee for applicants and faster adjudications, amid 'severe' border crisis
President Trump called Monday night for a sweeping overhaul to an asylum system
he has long said is rife with fraud -- including a new fee to
process asylum applicants, and the capacity to rapidly adjudicate
applicants' claims while also barring them from working in the U.S. in
the meantime. In a presidential memorandum, Trump specifically
told Attorney General William Barr and acting Homeland Security
Secretary Kevin McAleenan that the move was necessary to address a
"crisis" at the border. In an article published earlier this month, The New York Times acknowledged that the humanitarian crisis of illegal immigration has hit a "breaking point." Arrests
along the southern border have skyrocketed in recent months, with
border agents making more than 100,000 arrests or denials of entry in
March, a 12-year high. Immigration courts that process asylum claims
currently have a backlog of more than 800,000 cases, and asylum
applicants are increasingly staying in the U.S. even after their claims
for asylum have been denied. “That
emergency continues to grow increasingly severe,” Trump's memo read.
“The extensive resources required to process and care for these
individuals pulls U.S. Customs and Border Protection personnel away from
securing our Nation’s borders.” According to a White House fact
sheet released Monday, on average, "out of every 100 aliens subject to
expedited removal who claim a fear of persecution, only about 12 will
ultimately be granted asylum." And "around half of all aliens who
make a credible fear claim and are subsequently placed in removal
proceedings do not actually apply for asylum."
Honduran asylum seekers are taken into custody by U.S. Border
Patrol agents in San Diego this past Demceber. (AP Photo/Moises
Castillo, File)
Thought the vast majority of asylum applications are
ultimately unsuccessful, they still take months and even years to fully
process. Asylum law is intended to provide harbor only to refugees
fleeing personal persecution based on a limited number of factors --
such as political belief or religion -- and does not protect
individuals fleeing bad living conditions or poverty. The Trump administration last year rolled back an
Obama-era expansion of potential asylum justifications, which extended
protections to those alleging domestic abuse or gang-related attacks
back home. White House officials said at the time that those categories
were prone to abuse and expanded asylum law beyond its original intent. In
his memorandum, Trump gave his deputies 90 days to propose regulations
so that all asylum applications are adjudicated within 180 days, except
for those representing exceptional circumstances. The White House
and DHS officials did not immediately respond to questions about how
much applicants might be forced to pay in asylum fees, and it is unclear
how many families fleeing poverty would be able to afford such a
payment. The memo says the price would not exceed the cost of
processing applications, but officials did not immediately provide an
estimate for what that might be.
A Central American migrant takes a nap in the shade under a
freight train car, last week in Oaxaca State, Mexico. (AP Photo/Moises
Castillo)
Trump also wants to bar anyone who has entered or
tried to enter the country illegally from receiving a provisional work
permit and is calling on officials to immediately revoke work
authorizations when individuals are denied asylum and ordered removed
from the country. Immigration officials say one reason asylum
claims are booming is that migrants know they will be able to live and
work in the U.S. while their cases play out -- and, in many cases, even
after their claims have been rejected. According to the White
House, the number of "aliens who do not show up to court and are ordered
removed in absentia has soared, with 17,200 removal orders issued in
absentia in the first quarter of fiscal year (FY) 2019. ... If this pace
continues, in absentia removal orders would more than triple the 2013
total." For asylum cases originating in a credible fear claim, "in
absentia removal orders are on pace to increase to 17,636 in FY 2019,
around 20 times more than the total in FY 2010." And
since September 2018, "1 out of every 6 family unit cases filed on
special expedited dockets at 10 immigration courts has ended with an in
absentia removal order," the White House said. Trump is also
calling on DHS to reassign immigration officers and any other staff "to
improve the integrity of adjudications of credible and reasonable fear
claims, to strengthen the enforcement of the immigration laws, and to
ensure compliance with the law by those aliens who have final orders of
removal." Fox News' Shannon Bream and The Associated Press contributed to this report.
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