The number of migrants from Central America that make up the caravan we have been watching for months now has dwindled to somewhere between 300 and 600 people, depending upon which report you read. Some arrived in at the U.S.-Mexican border in Tijuana on board tour buses that were guarded by a Mexican police escort and many have been staying in “migrant shelters.” It has also been reported that a group of lawyers, approximately 20 strong, has volunteered to “advise” individuals in the caravan regarding requesting asylum in the United States.
President Trump appears to have drawn his own “red line”, instructing DHS and the Border Patrol not to allow these migrants to enter the country. he has even requested the assistance of border states and ordered the deployment of National Guard troops at the southern border. An act that Democrats are apoplectic over, yet both President Bush and Obama sent National Guard troops to the border during their administrations. Where will we fall short at preventing hundreds of immigrants from entering the country? Our outdated immigration laws that we are still waiting to have not only reformed, but even enforced as they currently stand. Representatives for Puebla Sin Fronteras, a group that organizes and advises caravans of immigrants, said the group plans a massive protest Sunday at the border, where the majority of what is left of the caravan will demand dignity and justice and a right to live and work in the U.S. Despite efforts by Secretary Nielsen and President Trump, these refugees will be treated just like those under President Obama. They will be processed and released and given a date in court for which statistics show 85 percent will not appear.
Most Western countries, including the U.S., grant asylum to aliens who can demonstrate a well-founded fear of persecution in their country of origin for one or more of five reasons: race, religion, nationality, social group, or political opinion. Those granted asylum are allowed to work and cannot be returned to their country of origin. According to U.S. Citizenship and Immigration Services, there are two ways of obtaining asylum in the United States are through the affirmative process and defensive process. To obtain asylum through the affirmative asylum process you must be physically present in the United States. You may apply for asylum status regardless of how you arrived in the United States or your current immigration status. Affirmative asylum applicants are rarely detained by U.S. Immigration and Customs Enforcement (ICE). You may live in the United States while your application is pending before USCIS. If you are found ineligible, you can remain in the United States while your application is pending with the Immigration Judge.
A defensive application for asylum occurs when you request asylum as a defense against removal from the U.S. For asylum processing to be defensive, you must be in removal proceedings in immigration court with the Executive Office for Immigration Review. Immigration Judges hear defensive asylum cases in adversarial (courtroom-like) proceedings. The Immigration Judge then decides whether the individual is eligible for asylum. If found eligible, the Immigration Judge will order asylum to be granted. If found ineligible for asylum, the Immigration Judge will determine whether the individual is eligible for any other forms of relief from removal. If found ineligible for other forms of relief, the Immigration Judge will order the individual to be removed from the United States. The Immigration Judge’s decision can be appealed by either party.
Anyone who has been involved with our legal system in any capacity, knows that it moves at a snail’s pace and the proceedings for asylum are no different. This results in a system that, if someone can manage to make the application for asylum, they are here and likely here permanently. Bottom line, unless and until the American people stand up and take their country back by electing representatives to Congress that are willing to act, to do their job and protect this nation and the citizens of this nation, the hands of ICE and the Border Patrol are somewhat tied in responding to this problem. This is an issue that must be fixed legislatively, loopholes in existing laws must be closed and yes, the wall must be built! There has been a great deal of talk about vetting those seeking to enter our country, we the people need to spend more time vetting those seeking to represent us.