As the most reliable and balanced news aggregation service on the internet, DML News offers the following opinion editorial written by Nolan Rappaport, published by TheHill.com:
President Trump thinks aliens entering our country illegally should be returned immediately with no judges or court cases.
This isn’t an idle threat. Vox Media reported the Justice Department is working on draft regulation that would result in “the most severe restrictions on asylum since at least 1965,” according to a source familiar with the asylum process.
One of the proposed changes would bar aliens who enter illegally from getting asylum — and this is feasible. Asylum is a discretionary form of relief. The Immigration and Nationality Act (INA) just states that eligible aliens “may” be granted asylum.
The article goes on to state the following:
This does not mean that Trump would be able to refuse to consider persecution claims from aliens who have made an illegal entry. They could be eligible for other, mandatory forms of relief.
The United States is a signatory to the UN’s Convention and Protocol Relating to the Status of Refugees.
According to UNHCR, the U.S. cannot return or expel “a refugee in any manner whatsoever to the frontiers of territories where his life or freedom would be threatened on account of his race, religion, nationality, membership of a particular social group or political opinion.”
The United States is meeting this condition with the withholding of deportation provision in the INA. It provides that, “the Attorney General may not remove an alien to a country if the Attorney General decides that the alien’s life or freedom would be threatened in that country because of the alien’s race, religion, nationality, membership in a particular social group, or political opinion.”
The burden of proof is higher for withholding than it is for asylum. Asylum just requires the applicant to establish a well-founded fear of persecution. Withholding requires the applicant to establish that it is more likely than not that he would be persecuted.
And withholding grants fewer benefits.
A grant of withholding does not convey legal immigration status to the alien. It just prohibits sending him to a country where he would face persecution. He can be removed to another country where he will not be persecuted.
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