Trump Immigration Plans: Supreme Court Approves Limitation of Asylum



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Central American migrants form a human chain that crosses the Rio Bravo to illegally enter the United States and go to seek asylum in El Paso (Texas, USA), as seen from Ciudad Juarez ( Mexico) on June 11, 2019.Copyright of the image
Reuters

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The settlement change will mainly affect migrants from Central America

The United States Supreme Court has authorized the government to severely limit the ability of migrants to seek asylum.

The policy prevents people arriving at the southern border of the United States from seeking protection if they do not do so in a country crossed by the road.

The court challenges are continuing but the decision means for the moment that it can be applied nationwide.

The plan will affect tens of thousands of Central American migrants heading north, often on foot, across Mexico.

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The Trump administration unveiled the new asylum policy in July, but its entry into force was almost immediately blocked by a lower court ruling made by a judge in San Francisco.

Limiting levels of migration has been a key goal of Donald Trump's presidency and a key part of his bid for re-election in 2020.

He hailed the Supreme Court's decision as a major victory.

What will the changes mean?

The change will affect non-Mexican migrants attempting to enter through the southern border of the United States.

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Legend of the mediaWhat happens if Mexico does not stop the flow of migrants?

This includes, but is not limited to, nationals of Central American countries who have constituted the vast majority of asylum seekers so far this year.

Some 811,016 people were arrested at the southwestern border until the end of August 2019. Of these, nearly 590,000 were from El Salvador, Guatemala and Honduras. . The majority arrived with at least one other family member.

Many who arrive flee violence or poverty and travel north through Mexico to the US border. Upon arrival, they must pass a "credible fear" interview to seek asylum in the United States, which most people do.

The rule change means that they would fail if they did not ask for asylum in another country through which they had gone.

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The rule will also affect a smaller number of African, Asian and South American migrants arriving at the southern border of the United States and demanding asylum – many after embarking on extremely dangerous journeys.

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The American Civil Liberties Union, which challenged this decision, claimed that it significantly limits the number of people eligible for asylum.

"The current ban would virtually eliminate all asylum at the southern border, even at entry points, for everyone, with the exception of Mexicans," he said. in a petition.

A group lawyer described the decision as a "temporary measure" and said he remained confident to challenge the change.

"The lives of thousands of families are at stake," said Lee Gelerent.

Anyone whose asylum application has been rejected by a third country or victim of trafficking in human beings can still apply.

A spokesman for the US Department of Justice said the decision would help "tidy up the southern border crisis, fill the gaps in our immigration system and discourage requests. abusive ".

Why is it controversial?

The rule change cancels the longstanding convention that the United States hears asylum claims, no matter how people have arrived at the border.

At the Supreme Court, consisting of nine judges, judges Ruth Bader Ginsburg and Sonia Sotomayor, of liberal tendency, dissociated themselves from the decision.

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"Once again, the executive has issued a rule aimed at ending long-standing practices of refugees seeking shelter from persecution," Judge Sotomayor wrote.

Copyright of the image
Reuters

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Migrants at the border last month in Matamoros, Tamaulipas, Mexico

The road to the United States carries many risks, as Central American migrants are often deliberately hunted by gangs in neighboring countries because they are vulnerable.

Questions arise as to whether Mexico and Guatemala can cope with an increase in the number of asylum seekers.

It is also unclear whether other countries will cooperate with what amounts to a unilateral US policy.

Mexican officials, who are working to quell migration, have already reacted strongly against the plan.

Earlier this week, Foreign Minister Marcelo Ebrard reiterated that Mexico would not become a "third country" for asylum seekers linked to the United States.

The countries of Central America, with the exception of Guatemala, have also refused to sign "safe third country" agreements, which would mean that the United States could return asylum seekers who have passed without asking for protection.

The Guatemalan agreement, signed by its outgoing president, has faced legal obstacles and has not yet entered into force.

Mexican President Andres Manuel Obrador on Wednesday telephoned an image of himself to President Trump, who said he had "an excellent phone conversation".

Mexico has not yet commented publicly on the latest Supreme Court ruling – the second in favor of Mr Trump's migration plans since the beginning of the year.

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