President Trump Loses in Immigration Court- Again

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President Trump discussing his new requirements for asylum claims. Kevin Lemarque | Reuters

President Trump Loses in Immigration Court- Again

With the migrant caravan rhetoric that lasted for weeks and had the impeccable timing of ending when the midterm elections was over, and now as I write this, the military is being removed the U.S.- Mexico border, President Trump decided to invent a new law which required immigrants seeking asylum to enter through an “official port of entry.”

Let’s use common sense in replacement of the law for one second. Suppose you are the most persecuted person in the world and you are from Cuba where the government is looking to assassinate you. The only way you can escape the island is by a raft you built. You cross 90 miles across the treacherous Gulf and arrive on the shores of Key Largo. Per Trump’s newly created law, you have go back and try again.

As I wrote in a prior post (see below), how you get in is how you get in. Judge Jon S. Tigar of the U.S. District Court for the Northern District of California agrees.

Judge Tigar has temporarily blocked Trump’s administration of denying asylum claims by those entering the United States through the Mexico border.

“Whatever the scope of the President’s authority, he may not rewrite the immigration laws to impose a condition that Congress has expressly forbidden.” Judge Tigar continued adding that asylum seekers would be put at “increased risk of violence and other harms at the border” if the administration’s rule is allowed to go into effect.

The temporary restraining order is effective nationwide and will remain in effect until December 19 when a hearing is scheduled on the matter.

Alexander Hernandez, Esq.
Twitter @mcatty_alex



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The Trump administration looks to curb the amount of asylum claims filed.

Next Stop- Trump Changes Asylum Claims

Yesterday, the Trump administration unveiled new rules with the intent of limiting asylum claims. The new law applies to asylum claims for migrants that cross via the U.S.- Mexico border.

As it stands, a migrant can claim asylum by simply being on U.S. soil however they got here, or through their respective embassy. Trump’s plan is to require migrants to enter through “official ports of entry.”

Again, more political hypocrisy since the overwhelming of asylum claims are by those whose tourist visas expire. So, if you want to stop immigrants from coming in, why bother doing it by the method that results in the least amount of people coming in? If your dam has three leaks, do you cover the smallest leak first or the biggest one?

This after the 9th Circuit Court of Appeals ruled against President Trump in the “Dreamers” (DACA-Deferred Action for Childhood Arrivals).

Thanks to the Law of Unintended Consequences, all Trump’s policies have done is increase the backlog of immigration cases. A few months ago I wrote that the backlog was at 750,000 cases, and this week we surpassed 1 million.

As a result, more immigration judges are hired, ICE needs one billion in funding, the border wall costs $25 billion to construct, not including maintenance, $220 million to send U.S. Military troops that have zero power to enforce border laws and the migrant caravan, and hundreds of millions more to construct, maintain tent cities and detention facilities, and who knows how much are the costs of litigation.

By the way, the detention centers are run by private corporations that are getting very rich very fast.

Of course, this also will head back to the federal courts where Trump’s anti-immigration policies continue to lose.

Alexander Hernandez, Esq.
Twitter @mcatty_alex

Comments and opinions always welcomed

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