Tag: asylum

House Bill Eviscerates Asylum System, Deports Child Trafficking Victims

President Obama recently asked Congress for authority to treat Central American children in the same way the government treats Mexican children. The Asylum Reform and Border Protection Act (H.R. 5137), introduced today by Reps. Chaffetz (R-UT) and Goodlatte (R-VA), Chairman of the House Judiciary Committee, goes beyond the President’s request. The bill eliminates any sort of review for juvenile victims of trafficking and the requirement that an immediate return of a child be voluntary.

Under current law, Mexican children may be immediately removed if they are:

  1. Not severe victims of trafficking,
  2. Not asylum seekers, or
  3. If they accept voluntary departure, a procedure by which the child admits that he or she has no right to be here and leaves in lieu of formal removal proceedings.

Under the proposed H.R. 5137, all children caught at the border would be subject to expedited removal, a process under which they can be removed without a hearing before a judge if they have no credible fear of persecution (8 USC 1225(b)). This process triggers an automatic 5-year bar on legal reentry (8 USC 1182(a)(9)(A)(i)). Any child caught at the border may be detained until his asylum application is adjudicated. It extends the current arbitrary one year deadline on asylum applications for adults to children.

Unaccompanied children could be detained or released under the bill while waiting for final approval of their asylum application, but the bill redefines “unaccompanied” to mean that once a child has been released to a parent, they no longer qualify for release, which means they would head right back into detention.

Worse, H.R. 5137 raises the initial standard of review for all asylum claims for children. Rather than going before a judge simply by asserting a fear, they would actually have to convince an asylum officer that their claim was “more probable than not” to be factual in order to even to go before a judge. Raising the standard that high for an initial review would bar many legitimate asylum seekers.

Even worse, H.R. 5137 allows children apprehended at the border to be removed without any asylum screening to a “safe third party country” (i.e. Mexico) without an agreement from that country, as is required by current law. If H.R. 5137 becomes law, the U.S. government would immediately start dumping Honduran, El Salvadoran, and Guatemalan children into Mexico.

The crisis along the Southwest border has prompted many Americans to want all unlawful immigrants and children removed. But this bill goes far beyond that desire. H.R. 5137 would remove many foreigners who have legal rights under our current immigration laws. H.R. 5137 would be a disastrous blow to America’s asylum system and send numerous children with legitimate asylum claims back into danger.

The Ecuadorian Pot Calls the American Kettle Black on Media Freedom

For a time it looked like Edward Snowden, famed NSA leaker, was headed for Ecuador, whose London embassy still hosts asylum-seeker Julian Assange of WikiLeaks. But the leftist government curiously has cooled on Snowden.

President Rafael Correa originally praised Snowden for his leaks, but then back-tracked. More recently Correa indicated that an asylum request would be considered only after Snowden reached Ecuadorian territory or an embassy, and after consultation with the Obama administration. The Hugo Chavez confidante added: “I believe that someone who breaks the law must assume his responsibilities.” 

The suspicion is that Correa decided principle wasn’t as important as his people’s access to the U.S. market. Nothing personal, just business!

Thankfully, President Correa is primarily a problem for his own people, a dangerous demagogue like Chavez who uses nominally democratic means to amass ever more power. The group Freedom House cited Correa’s use of “questionable maneuvers to remove opposition legislators and members of the Constitutional Court.” Human Rights Watch reported that “prosecutors have repeatedly applied a ‘terrorism and sabotage’ provision of the criminal code against participants engaged in public protests against environmental and other issues.” 

Correa also uses his control of the government and the courts to discourage media criticism. Last month the National Assembly approved a new “gag law” which creates a Communication Regulation and Development Council, Office of Superintendent of Information and Communication, and Citizen Participation, and Social Control Council to enforce its provisions.

The government closed a score of independent radio and television stations last year. President Correa also has used lawsuits to punish his critics. One case imposed a $40 million judgment and jail terms. Observed Freedom House: “International human rights and press freedom organizations, the Organization of American States (OAS), and the United Nations denounced the court decision as a clear effort to intimidate the press.”

His attacks on the press dramatically contradict his policy toward foreign leakers. Indeed, observed my Cato Institute colleagues Juan Carlos Hidalgo and Gabriela Calderon de Burgos:

Another, less reported story is Correa’s war against leakers in his own government. Since he came to power in 2007 there have been four well-documented case where the Ecuadorean government either prosecuted or arrested people who leaked information to the media, revealing instances of corruption in Correa’s government. 

Freedom House only rates Ecuador as “partly free.”  As I wrote in my latest Forbes online column:

While [recently] in Ecuador I talked with people who are more classically liberal, favoring limited government, competitive markets, and free expression.  Although they oppose the crony right as much as the populist left, there was a shared feeling of intimidation.  Years ago, when a free market university let Correa go after he chose politics over the classroom, he sent government regulators to the school.  Many who write about the president today say they temper their criticism, lest they face a ruinous lawsuit.

For Ecuadorian President Correa, sanctimony is high art. To him press freedom and government transparency are for other governments, not his own.