Trump's Asylum Seeker Refusal: Legal Or Lawless?

On the first day of his second term, President Donald Trump issued ten executive orders, which, among other things, aimed to redefine America to exclude asylum seekers. Trump's administration has been accused of breaking the law by ignoring or flouting the laws that Congress has enacted on immigration, and of creating backups of asylum seekers at the border. One of his first actions was to shut down the CBP One app, which was previously used to schedule appointments for asylum-seekers. This has left thousands of migrants in limbo and has resulted in a border that is largely sealed off to asylum seekers.

Trump's administration has ignored or broken immigration laws, losing in court

On his first day in office, President Trump took steps to drastically alter the face of US immigration law and policy. Trump's administration has repeatedly ignored or flouted the laws that Congress has enacted on immigration, which explains why they have lost in court.

Trump's actions have unilaterally barred anyone without legal status from presenting themselves to seek protection at the US-Mexico border. This has resulted in a border that is largely sealed off to asylum seekers. Trump has also laid the groundwork to resume and accelerate the shuttling of asylum seekers to third countries, either temporarily or indefinitely.

The Trump administration has also revoked all Biden policies that set priorities for immigration enforcement. This includes the Biden-era CBP One app, which was meant to help process migrants seeking to apply for asylum in the US. The app was shut down minutes after Trump was sworn in, leaving thousands of migrants in limbo.

Trump has also instructed the Department of Homeland Security (DHS) to "ensure" that work permits are not given to people without other legal status, even if they have a pending immigration application. This change would drastically restrict the population eligible to work legally in the US.

The Trump administration has also attempted to amass a larger force of law enforcement officials to carry out deportations by granting agents across the federal government the same powers as immigration officers.

Asylum seekers are legally allowed to cross the border and request asylum

The Trump administration's refusal to accept asylum seekers at the US-Mexico border is a departure from previous protocols and has left many migrants in limbo. This combination of Trump and Biden-era policies has effectively sealed off the southern border to asylum seekers. The Biden administration's use of the CBP One app, which allowed migrants to schedule an appointment at a legal port of entry, was shut down minutes after Trump took office for his second term. This has resulted in thousands of migrants being left without a clear path to asylum.

The Trump administration's actions go against established US asylum laws, which are rooted in post-World War II responses to the rejection of refugees from the Holocaust. The law allows even those who have crossed the border illegally to seek asylum once they are in the US. While there is no guarantee that asylum will be granted, immigrants are guaranteed the chance to seek it through a legal process.

The International Rescue Committee (IRC) calls on the Trump administration to continue America's traditions of humanitarian leadership and care for the vulnerable. The IRC provides critical support to asylum seekers, offering emergency shelter, legal assistance, and access to healthcare.

Trump's policies are intentionally creating backups of asylum seekers at the border

Trump's administration also directed the Department of Homeland Security (DHS) to reinstate the Migrant Protection Protocols, also known as the "Remain in Mexico" policy. This policy requires asylum seekers entering at the southern border to be returned to Mexico during the pendency of their asylum proceedings. This has resulted in backups at the border, with people waiting in Mexico for their chance to present their asylum claims.

In addition, Trump's administration has implemented various other policies that have made it more difficult for asylum seekers to enter the US. For example, they have imposed a fee on asylum applications and increased the wait time for asylum seekers to seek work authorization. They have also sought to label asylum seekers as a "danger to national security" and deny protection to those who fail to apply within two weeks of their first hearing.

These policies have had a detrimental effect on asylum seekers, creating backups at the border and making it more difficult for them to access the asylum process.

Trump's policies are in violation of US post-WWII commitments to refugees

Trump's policies towards refugees and asylum seekers are in violation of the United States' post-WWII commitments to refugees.

The US's post-WWII refugee policy was largely a response to the large-scale refugee crisis caused by the war, with 8 million displaced persons (DPs) in Germany, Austria, and Italy alone. The US had been very reluctant to welcome refugees fleeing Nazism during the war, but after the war, Americans began to consider their country's humanitarian duty to European refugees. The US also had geopolitical motivations for accepting refugees, as most DPs came from Communist countries, and accepting them was a way to stand up to the Eastern Bloc in the emerging Cold War.

The 1948 Displaced Persons Act established a major resettlement program that enabled nearly 400,000 Europeans, primarily from Eastern Europe, to become legal residents of the US. This was the first large-scale government refugee resettlement program in the US, and it laid the foundations for refugee resettlement programs for decades to come.

Trump's policies towards refugees and asylum seekers directly contradict the US's post-WWII commitments to refugees. On his first day in office, Trump issued ten executive orders and proclamations that sought to change the face of US immigration law and policy. These orders included novel legal arguments that tasked the US military with repelling asylum seekers, threatened the use of criminal penalties, and opened the door to future invocations of the Insurrection Act and Alien Enemies Act. Trump also suspended refugee resettlement to the US and promised a future travel ban for certain countries.

Trump's policies have created significant barriers to accessing the legal right to seek asylum in the US, and they have pushed people into dangerous situations. Trump's actions call into question the future of asylum in the US and represent a direct violation of the country's post-WWII commitments to refugees.

Trump's administration is ramping up deportations and targeting sanctuary cities

On his first day in office, President Trump took steps to fulfil his campaign promises on immigration. One of his first actions was to shut down the CBP One app, a tool used to help process migrants seeking asylum in the US. This was followed by a series of executive orders that aimed to redefine America by excluding everyone from asylum seekers to children born to parents on temporary visas.

The Trump administration has also taken steps to target so-called "sanctuary cities", which limit their assistance to federal immigration authorities. The US Justice Department has filed a lawsuit against Chicago, accusing local officials of impeding federal immigration enforcement efforts and seeking to block local laws that "interfere with and discriminate against" federal immigration policy. The Trump administration's border czar, Tom Homan, has stated that "sanctuary cities are sanctuaries for criminals" and has vowed to "hold them accountable and take them to court".

The administration is also attempting to amass a larger force of law enforcement officials to carry out deportations by granting agents across the federal government the same powers as immigration officers. This includes granting powers to agents from the Drug Enforcement Administration and the Bureau of Alcohol, Tobacco, and Firearms.

In addition, the administration has ordered the expansion of "expedited removal", which allows the US to deport someone without a court hearing, to the maximum extent permitted under federal law. This means that US officials can arrest and deport individuals accused of entering the country illegally if they believe the person has been there for less than two years, with the burden of proof on the immigrant to demonstrate otherwise.

The Trump administration's efforts to ramp up deportations and target sanctuary cities have faced resistance from local leaders in several cities, including Denver, Los Angeles, and Chicago. These cities have pledged to defend their immigrant communities and some have implemented sanctuary policies to slow down deportations and deter immigration agents from targeting their communities.

The administration's actions have also been met with legal challenges. For example, the effort to unilaterally revoke birthright citizenship is facing multiple lawsuits, and the use of the registration provision to turn immigrants into criminals may also be subject to litigation.

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