Over my shoulders here you can see Ellis Island, whose vacant corridors echo today the joyous sound of long ago voices. And today we can all believe that the lamp of this grand old lady is brighter today– and the golden door that she guards gleams more brilliantly in the light of an increased liberty for the people from all the countries of the globe.
– President Lyndon B. Johnson
Immigration and Naturalization Act of 1965
After yesterday’s tear gassing of children at the U.S. – Mexico border in Ysidro, I’ve decided to post the Immigration and Naturalization Act of 1965 since there still seems to be issue as to the asylum process. I’ve not posted the entire section here as it is not necessary and many parts are not relevant.
Sec. 208. (a) Authority to Apply for Asylum.-
(1) In general. – 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 in accordance with this section or, where applicable, section 235(b).
I’ve highlighted in bold the important part of Section 1.
President Trump wants migrants to enter through “official ports of entry,” an argument shot down by 9th Circuit Judge Tigar. Of course, as I have said an endless amount of times before, the overwhelming majority of immigrants/migrants come in through the airport where they overstay their visas.
If President Trump wants to truly reduce illegal immigration, that is where he should start. Again, when you have a leak on a dam wall, do you plug the smallest leak first, or the largest?
President Trump’s executive order requiring migrants to seek asylum through an “official port of entry” has been blocked by the federal courts until a hearing is scheduled on this matter for December 19, 2018.
(2) Exceptions. –
(A) Safe third country. – Paragraph (1) shall not apply to an alien if the Attorney General determines that the alien may be removed, pursuant to a bilateral or multilateral agreement, to a country (other than the country of the alien’s nationality or, in the case of an alien having no nationality, the country of the alien’s last habitual residence) in which the alien’s life or freedom would not be threatened on account of race, religion, nationality, membership in a particular social group, or political opinion, and where the alien would have access to a full and fair procedure for determining a claim to asylum or equivalent temporary protection, unless the Attorney General finds that it is in the public interest for the alien to receive asylum in the United States.
President Trump went to Twitter with his new policy called “Remain in Mexico,” a policy not discussed with Mexico and which Mexico already confirmed does not exist.
President Trump’s new migrant caravan policy is called “Remain in Mexico” and Mexico states it has no such agreement with the United States.
(b) Conditions for Granting Asylum. –
(i) IN GENERAL- The burden of proof is on the applicant to establish that the applicant is a refugee, within the meaning of section 101(a)(42)(A) .To establish that the applicant is a refugee within the meaning of such section, the applicant must establish that race, religion, nationality, membership in a particular social group, or political opinion was or will be at least one central reason for persecuting the applicant.
(2) Exceptions. –
(A) In general. – Paragraph (1) shall not apply to an alien if the Attorney General determines that –
(ii) the alien, having been convicted by a final judgment of a particularly serious crime, constitutes a danger to the community of the United States;
Alexander Hernandez, Esq.