Saturday, November 24, 2018

[U X2] DIS-Information Alert: US Asylum Law Cannot Be Amended By ANY Agreement With Mexico.


UPDATED @ 5:00 EDT on April 8, 2019: Yet another federal judge has enjoined Trump’s illicit attempt to thwart the US Code’s clear command (at 8 U.S.C. § 1158(a)(1)) about asylum seekers inside the US. Nationwide preliminary injunction from the able Judge Seaborn, in San Francisco. End update.

And, it seems there was never an actual "deal" with Mexico. Trump even lied about that. Here, per the BBC. Not surprising -- just par for the Trumpian "Mulligan" course. Disgusting. And so (as described in multiple prior posts, and below), US law allows asylum seekers to cross the border -- ANYWHERE -- and then seek formal asylum (also anywhere) in the interior of the US. Trump lies. [End updated portion.]

Let us be clear -- I was going to stay away from the Asylum developments until Monday (in the whiteout), but this one needs an immediate debunking. [That is, the US statutory RIGHTS of would-be asylees cannot be changed by a Mexican agreement. They have rights, here in the US -- just come and assert them, one and all.]

Any "agreement" from Mexico's government officials, to encourage migrants (would be US asylees) to remain in Mexico, and file papers there, and await adjudication. . . cannot stop ANY asylee who crosses anywhere into the US interior, from making an asylum claim within a year, at any ICE or INS office. US law is clear: and Judge Tigar reaffirmed it in a TRO just this past Monday night: 8 U.S.C. § 1158(a)(1) is controlling US law -- Trump cannot change it. Come to America, and present yourself -- it is permitted by US law. The Hill, unfortunately, didn't get the memo:

. . . .Mexican officials and senior members of president-elect Andrés Manuel López Obrador’s transition team told The Post that the incoming administration accepted the plan, called “Remain in Mexico,” in a sharp change to long-standing asylum rules that allowed migrants to file asylum claims after entering the U.S. either legally or illegally.

“For now, we have agreed to this policy of Remain in Mexico,” Olga Sánchez Cordero, Mexico’s incoming interior minister and the top domestic policy official for the president-elect, told The Post, calling it a “short-term solution. . . .”


Clearly, any would be asylee MUST be given an individualized process here in the US. Don't let the disinformation tell you otherwise -- come to the Rio Grande, or anywhere else, and cross, then find an immigration lawyer — in any liberal leaning city, and make a claim for asylum, as a refugee. ONWARD.

नमस्ते

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