President Trump’s Migrant Caravan Rhetoric

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The scary “invasion” of migrants. Photo Credit- AP (Rodrigo Abd).

President Trump’s Migrant Caravan Rhetoric

“My administration is finalizing a plan to end the rampant abuse of our asylum system. Under this plan, the illegal aliens will no longer get a free pass into our country by lodging meritless claims in seeking asylum. Instead, migrants seeking asylum will have to present themselves lawfully at a port of entry.”

The President has gone on to say that he will create “tent cities” and “those who choose to break our laws and enter illegally will no longer be able to use meritless claims to gain automatic admission into our country. We will hold them for a long time if necessary.”

In addition, the President said if migrants throw rocks, the military will respond by shooting back. The only thing worse than these lies is those that believe them and only make it worse by spreading misinformation, hate, and violent rhetoric. That also goes against the rules of engagement by the military who has been left to degrading tasks such as building tents and setting up barb-wire fencing. So, let’s go over this.

There’s no doubt that the spooky scary migrant caravan won’t get here until January and this is Trump pumping up his base for the midterm elections. Why else send as many as 15,000 troops to protect the border when the military has ZERO authority to enforce the border and U.S. laws?

Regardless, since the Constitution is in play here, no President Trump cannot change that with an Executive Order. If you don’t believe me, those of you that actually believed President Obama is/was a Muslim socialist who was going to take away your guns, don’t you think he would have gotten rid of the Second Amendment with an Executive Order? You look silly now, don’t you?

Here is the other fact ignored, on purpose I’m sure, but Trump and the social media immigration experts who don’t know how to do their own job, but somehow know every part of the Constitution and how it applies: “the U.S. laws are quite clear on what has to happen when somebody presents at the southern border seeking asylum protection, and there isn’t really any way that an executive action can change the process,” says Denise Gilman, director of the Immigration Clinic at University of Texas Law School.

Thus, under U.S. law, any foreign national who is in the U.S. or who arrives in the U.S. “whether or not at a designated port of arrival” may apply for asylum.

But, since the President takes it a step further and says that he will “stop” them at the border which that is the job of border patrol, not the military per law, Geoffrey Hoffman, director of University of Houston Law Center’s Immigration Clinic said in an interview with Time magazine that “many times the asylum applicants are specifically those types of people who have been forced to flee and therefore they will not be able to avail themselves of the normal processes in their home countries.”

Per the U.N.’s Convention and Protocol Relating to the Status of Refugees, a refugee cannot be returned to their country where his or her life is threatened on the grounds of race, religion, nationality, membership in a particular social group or political opinion.

That’s why Trump is building the “tent cities” because he cannot stop refugees from entering the country and has to keep them here until their asylum claims are heard by the courts. Even that is subject to constitutional parameters.

The Trump administration’s new plan of detaining immigrants until their asylum cases are decided is not that new of a plan. President Obama tried that and lost. To be clear, President Obama did not separate families as Trump has done and said that Obama has, too. That’s just another lie to add to the lie count. Obama’s administration also lost on the “national security” risk angle.

Now, time for common sense. If Obama tried to detain immigrants indefinitely and used the “national security” argument to prevent migrants from coming in, why is President Trump doing that now knowing full well that the courts have already shot down these arguments? Because it is the shiny object that his supporters fell for, hook, line, and sinker. And again, the funny part, it’s a carbon copy of what Obama tried. But, those are just facts Trump supporters are willing to ignore because there is no room for truth.

Alexander Hernandez, Esq.
Twitter @mcatty_alex

 

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