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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. 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.






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