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  1. Can Trump refuse asylum to aliens who make illegal entries? BY Nolan Rappaport


    © Getty Images


    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.


    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.


    Read more at http://thehill.com/opinion/immigrati...llegal-entries

    Published originally on The Hill.

    About the author. Nolan Rappaport was detailed to the House Judiciary Committee as an executive branch immigration law expert for three years. He subsequently served as an immigration counsel for the Subcommittee on Immigration, Border Security and Claims for four years. Prior to working on the Judiciary Committee, he wrote decisions for the Board of Immigration Appeals for 20 years.
  2. Ex-Clinton aide: 84 percent of Americans support turning undocumented immigrants over to authorities.


    Prominent Democratic pollster Mark Penn said on Thursday that a vast majority of Americans don’t really support so-called sanctuary cities that shield immigrants in the country illegally from deportation.


    Penn, who served as chief strategist for Hillary Clinton's 2008 presidential campaign, revealed that 84 percent of Americans favor turning undocumented immigrants over to federal agents.

    “I asked them, ‘Do you think notifying ICE [Immigration and Customs Enforcement] would in fact increase crime because it would inhibit people from reporting crimes or does it decrease crimes because it takes criminals off the street,’ and they overwhelming said ‘decrease,’ ” Penn told Hill.TV's “Rising.”


    Penn said the response was strikingly “out of sync” with what the public might think about sanctuary cities. The broad term refers to cities that don’t fully cooperate with federal authorities when it comes to turning over people in the country illegally to immigration enforcement.


    “When someone’s arrested, they expect someone will notify federal immigration authorities just as they would expect someone who violates state tax law will find out that they notified the IRS,” the pollster said.

    Read more at http://thehill.com/hilltv/rising/394...er-authorities


    Published originally on The Hill.



    Posted by Nolan Rappaport

    Updated 06-29-2018 at 09:08 AM by ImmigrationLawBlogs

  3. Trump, Congress have options on the table to prevent family separation. By Nolan Rappaport





    Attorney General Jeff Sessions' “zero-tolerance policy” for illegal entrieshas caused widespread outrage, but he has just modified a similar zero-tolerance policy that was already in effect.

    President George Bush initiated Operation Streamline in 2005, which required criminal prosecution of all unlawful border crossers in certain sectors. Magistrate judges conducted en masse hearings. As many as 80 defendants at a time pled guilty.

    The program continued when Barack Obama became the president.
    This graph depicts the number of illegal entry prosecutions from April 2007 – April 2018.




    With Operation Streamline, however, deference was given to limits in judicial and detention capacity, which resulted in daily caps on the number of aliens who were charged.

    Executive Order.

    President Donald Trump has issued an executive order stopping DHS from separating children from their parents while they are being detained.

    But the Settlement Agreement in Flores v. Sessions requires the release of detained alien children “without unnecessary delay,” which has been interpreted to be no more than 20 days.

    Read more at http://thehill.com/opinion/immigrati...ily-separation

    Published originally on The Hill.

    About the author. Nolan Rappaport was detailed to the House Judiciary Committee as an executive branch immigration law expert for three years; he subsequently served as an immigration counsel for the Subcommittee on Immigration, Border Security and Claims for four years. Prior to working on the Judiciary Committee, he wrote decisions for the Board of Immigration Appeals for 20 years.






  4. Enforcing Trump's immigration plan will be harder than he thinks. By Nolan Rappaport


    © Getty

    Trump inherited a number of immigration enforcement problems from the Obama administration, the most serious of which was an immigration court backlog that has prevented him from using removal proceedings to reduce the size of the undocumented alien population.

    His solution seems to be to heed the advice of Mitt Romney, who said, when asked about reducing the population of undocumented aliens during a debate in 2012:

    The answer is self-deportation, which is people decide they can do better by going home because they can't find work here because they don't have legal documentation to allow them to work here.”

    But Trump is using harboring prosecutions to discourage people from helping undocumented aliens to remain here illegally in addition to enforcing employer sanctions to discourage employers from giving them jobs.

    Neither is likely to be successful.

    Read more at http://thehill.com/opinion/immigrati...than-he-thinks

    About the author. Nolan Rappaport was detailed to the House Judiciary Committee as an executive branch immigration law expert for three years; he subsequently served as an immigration counsel for the Subcommittee on Immigration, Border Security and Claims for four years. Prior to working on the Judiciary Committee, he wrote decisions for the Board of Immigration Appeals for 20 years.






  5. By sending National Guard to border, Trump follows Bush, Obama. By Nolan Rappaport


    © Getty Images

    On April 4, 2018, President Donald Trump signed a memorandum directing the secretary of Defense to ask state governors to use the National Guard to provide assistance to DHS “in securing the southern border and taking other necessary actions to stop the flow of deadly drugs and other contraband, gang members and other criminals, and illegal aliens into this country.”

    Trump isn’t the first president to use the National Guard this way. Presidents George W. Bush and Barack Obama did it when they were presidents. Their National Guard operations were successful, and Trump’s probably will be too, if his operation is similar to theirs.

    Apparently, the Border Patrol feels that way too. According to Brandon Judd, president of the National Border Patrol Council, experience has shown that the military can supplement the work of agents on the ground.

    We do not know yet how the troops will be used. The memorandum gives the secretary of Defense, working with DHS and the attorney general, 30 days to submit an action plan detailing what resources and actions are needed, including federal law enforcement and U.S. military resources.

    But we do know that Trump is taking this action pursuant to his authority under Title 32 of the U.S. Code, which means that the federal government will pay the cost of deploying the troops, but the troops will be under the command and control of the state. Bush and Obama also used Title 32.

    We also know that Trump intends to keep National Guard troops at the border until his wall is built.

    Read more at http://thehill.com/opinion/immigrati...ows-bush-obama

    Published originally on The Hill.

    About the author. Nolan Rappaport was detailed to the House Judiciary Committee as an executive branch immigration law expert for three years; he subsequently served as an immigration counsel for the Subcommittee on Immigration, Border Security and Claims for four years. Prior to working on the Judiciary Committee, he wrote decisions for the Board of Immigration Appeals for 20 years.





    Updated 04-08-2018 at 09:02 AM by ImmigrationLawBlogs

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