President Trump signed an order today that requires the denial of all asylum claims from people who cross the border illegally. The most important thing to understand about this order is that it is not the beginning of a new policy keeping out asylum seekers, but the conclusion of an existing policy. Here are the steps to Trump’s asylum sham:
- Step 1: The Department of Homeland Security (DHS) moves its agents to the exact U.S.-Mexico border line.
- Step 2: DHS forcibly keeps asylum seekers in Mexico away from U.S. protection, letting no more than 2 or 3 families cross per day.
- Step 3: DHS prohibits asylum claims from those who go around the port of entry to get on U.S. soil to turn themselves in and apply for asylum.
- Step 4: Put the military on the border and have soldiers place concertina wire around the port of entry.
- Step 5: DHS works with the Mexican government to evict homeless asylum seekers who wait in Mexico at the legal port of entry.
- Step 6: America is great again.
These policies contradict the asylum statute (8 U.S.C. 1158) which states:
Any alien who is physically present in the United States or who arrives in the United States (whether or not at a designated port of arrival and including an alien who is brought to the United States after having been interdicted in international or United States waters), irrespective of such alien’s status, may apply for asylum.
The order pretends as if legal ports of entry will still be a viable option for people who want to seek asylum, but this is a sham. Here’s the reality. DHS is permitting no more than two or three families seeking asylum to enter at ports of entry each day. This forces them to either live homeless in Mexico for days or weeks or go around, turn themselves in to Border Patrol, and have their claim processed that way. The Daily Beast explained how this worked in a specific case:
Donelda, 35, and her daughter, 6 … are asylum seekers from Guatemala who were turned away by U.S. Customs and Border Patrol at the Paso del Norte port of entry on May 8, the day after Attorney General Jeff Sessions announced the Trump administration’s new “zero tolerance” immigration policy… . Like others who have been turned away since May 8, Donelda then tried to cross into the United States illegally, turning herself into Border Patrol. That’s when—under the new policy—she was prosecuted criminally and her daughter was taken from her and shipped to a detention center in the Midwest, thousands of miles away.
The New York Times reported on what happens to those kept out:
The bottleneck has produced a grim sight at the turnstiles where legally authorized border crossers step from Mexico into the United States. Families from El Salvador, Guatemala and Honduras huddle together on the ground near packages of donated diapers and cans of baby formula. Some have endured this limbo for nearly two weeks, sleeping on the ground at night and trying to stay cool during the day as temperatures in this outpost in the Sonoran Desert surpass 100 degrees.
“We made it here on foot and by bus,” said Justo Solval, 25, a laborer traveling with his 21-month-old son, Jonathan. They set out from Suchitepéquez in southwest Guatemala, escaping extortion gangs in an effort to request asylum in the United States, Mr. Solval said. But after arriving in Nogales about a week and a half ago, they have been sleeping on cardboard pizza boxes in a squalid entryway to a bathroom at the border crossing. “We depend on strangers for food, for water, for everything,” Mr. Solval said. “I wanted to do everything legally, to ask for asylum in the proper way, but this is a setback I did not expect for us.”
As the Atlantic explains, DHS now stations agents in the middle of bridges to prevent asylum seekers from stepping on U.S. soil, which would grant them the protections under 8 U.S.C. 1158 to submit asylum applications. Of course, even when they do appear to cross the line, as in this video from the Intercept, the agents still reject them.
DHS Secretary Kirstjen Nielsen has even told Laura Ingraham on Fox News about turning away asylum seekers:
Well, we’re ‘metering,’ which means that if we don’t have the resources to process them on a particular day, they’re going to have to come back, so they’re going to have to wait their turn, and we will process them as we can.
Yet that “turn” may not come for weeks or months or years if every family is forced to wait because, according to researchers at Human Rights First, no more than two or three families may enter any given port per day. There were nearly 161,000 people in family units who arrived at or between ports of entry in FY 2018. Nielsen later was confronted about this at a press conference and refused to admit that asylum seekers were being “turned away,” while explaining that that’s exactly what was happening. A spokesman for DHS also used this same doublespeak when explaining the policy to the New York Times.