As border crisis worsens, immigration bills in Congress continue to stall
The words Illegal Alien has all of a sudden become Illegal Immigrant and is used by Fox News and others.
"Burglars Are Not Uninvited House Guests. Car-jackers Are Not
Under-rated Drivers. Bank Robbers Are Not Making Unauthorized
Withdrawals. Illegal Aliens Are Not Undocumented Immigrants":
Democrats responded Tuesday to the border crisis by suggesting Homeland Security Secretary Kirstjen Nielsen stop trying to deter illegal aliens and instead quickly process those seeking asylum.
"It
is obvious from your letter to Congress last week that the Trump
administration still does not understand the factors driving people to
seek refuge in this country and refuses to take responsibility for its
failed policies that are making the situation at the border worse,"
leading House Democrats wrote to Nielsen Tuesday. "Instead of pushing ill-advised, ineffective proposals to detain and deport all families and unaccompanied minors, the administration needs to engage Congress on policies designed to promote safe and orderly migration flows..."
Nielsen
has refused to do that. She said statistics show that up to half of
illegal alien families never complete their applications or appear
in court. By contrast, she wants Congress to toughen asylum laws and
allow the Trump administration to more easily detain and remove Central
American families and children.
Eliminating birthright citizenship and forcing employers to verify employees are legal U.S. residents is “on the table,” she told Tucker Carlson Tuesday night.
“The
only way we fix this crisis is if Congress closes the loopholes, fixes
the misguided court decisions, and gives us relief from the
extraordinary pull factors that our laws and those court decisions have
created,” a senior DHS official told reporters Monday in a conference
call.
As the border issue keeps worsening, with the number of
people illegally crossing the border climbing significantly, there has
been no solution to the problem -- and the border bills in Congress keep
stalling.
Lawmakers
from each party see the immigration problem differently. Both parties
provided Fox News this week a list of bills designed to address the
problem. Republican bills focused on building a wall. Democratic bills provided illegal aliens more protections from deportation and legal rights.
A
variety of push-and-pull factors influence illegal immigration. In
their letter to Nielsen, Democrats said they want the administration,
"engaging in real efforts to address the crime, insecurity, and
lawlessness that is causing people to leave Central America in the first
place. The administration cutting foreign assistance just when these
countries need it most only makes the situation worse.”
Republicans
counter with evidence showing a falling murder rate in Honduras,
Guatemala and El Salvador the last three years, yet illegal immigration
is increasing.
"We're facing an unprecedented unmitigated crisis
on the southwest border," said former chief of the Border Patrol and
current acting director of Immigration and Customs Enforcement, Ron
Vitiello. "There is nothing dissuading these people from bringing their
people their kids to the border."
Even executives actions or legal rulings have helped address the issue.
After
President Obama announced DACA, protections from deportation for
children of illegal immigrants, child apprehensions soared.
Also
when a federal judge in 2015 reinterpreted the Flores decision to
protect not just children, but adults traveling with children, from
detention longer than 20 days, families apprehended crossing illegally
more than doubled.
Administration officials argue those court and executive actions help drive illegal immigration.
"I
think the most important thing that has to happen is we need to close
these loopholes," Vitiello said. "That'll make all of this work smaller.
It'll make this problem smaller. The crisis will abate if we can close
the loopholes. That's what needs to happen first.
Other “loopholes” considered critical to shutting down growing numbers of asylum seekers are internal.
A
GOP-bill sponsored by House Judiciary ranking member Doug Collins,
R-Ga., tightens the credible fear standard so there are fewer baseless
asylum claims, thereby reducing the number of families getting released.
It also allows the U.S. to deport Central American children who are not
victims of trafficking, to their home countries.
"These loopholes
provide perverse incentives for adults to send children on the
hazardous journey across the border, often in the company of dangerous
people," said Collins. "At the same time, our asylum system is not
serving people fleeing persecution like it should because it is weighed
down with frivolous claims."
The
Collins bill fixes the Flores settlement by requiring DHS to keep
children and parents together while their cases are handled in
immigration court. A former immigration judge says 40 to 60 days should
be enough.
"Forty days is the standard for custody removal
proceedings," said Art Arthur, now an analyst at the Center for
Immigration Studies. "So, just more than a month is all the time that an
immigration judge needs to adjudicate those cases. The Flores
settlement agreement encourages parents to bring their children with
them to the United States knowing that they're going to be released
within 20 days if they show up with the child, and that's why we see
such a large number of family units showing up at the border right now."
U.S.
officials expect March apprehensions to exceed 100,000, up to 65
percent could be unaccompanied minors and families. Yet, the U.S. only
has detention beds for 3,000 families. The excess will be released with
Notice to Appear in court – sometime in the future. But with a backlog
of more than 830,000 cases, many will not see a judge for years. Their
lives change, they get married, have children, work. As their American
roots grow deeper, Arthur said they get more difficult to deport. He
blames Congress for seeing the problem but doing nothing.
"Quite
frankly Congress is in denial about the situation at the border. They
don't even recognize that there's an emergency," he said. "What is now a
crisis is going to be a disaster in just a few weeks time. Congress is
going to have to act then. But they seem to be too busy doing other
things to understand the human element of what's going on along the
border."
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