Trump threatens to close the border completely, despite having no authority to do so.
On Sunday, a group of Mexican migrants reportedly rushed the San Ysidro border crossing near San Diego, drawing tear gas from Border Patrollers. Consequently, the crossing was closed for several hours. Homeland Security Secretary Kirstjen Nielsen later said the closing of the border was "to ensure public safety in response to large numbers of migrants seeking to enter the U.S. illegally." According to the Washington Post, "At least two dozen tear gas canisters could be seen on the Mexican side of the border after the migrants eventually turned back."
Images from the incident, shot by Reuters photographer Kim Kyung-Hoon and showing young children fleeing the tear gas in obvious distress, have elicited outrage across the country. The photos also appear to contradict Republican propaganda claiming the migrant caravan was full of criminals.
Senator Brian Schatz, D-Hawaii, condemned the extreme measures taken by border patrol, tweeting:
Tear gas across the border against unarmed families is a new low.— Brian Schatz (@Brian Schatz)1543185824.0
Gavin Newsom, the Democratic governor-elect from California, echoed this sentiment, saying:
These children are barefoot. In diapers. Choking on tear gas. Women and children who left their lives behind -- se… https://t.co/r3SXbDyGGW— Gavin Newsom (@Gavin Newsom)1543208589.0
On Monday, President Trump addressed the border closing by threatening to close the border permanently and calling for the deportation of the tear gassed migrants.
Mexico should move the flag waving Migrants, many of whom are stone cold criminals, back to their countries. Do it… https://t.co/IqgnrBTQFl— Donald J. Trump (@Donald J. Trump)1543231181.0
Despite this inflammatory claim, there are no legal provisions that would allow Trump to close the border in its entirety. Additionally, by law, asylum seekers must be allowed to present their case to a U.S. judge if they're able to cross the border. This means that the migrants who were tear-gassed on Sunday were not there illegally at all, and U.S. officials are required by law to consider their claim before deporting them back to Mexico. Yale Law School's Harold Hongju Koh, former legal adviser to the State Department, said that what Trump does not understand "is that everyone crossing our Southern border is not illegally present. Those with valid asylum claims have a legal right to assert those claims and remain."
But as the number of migrants waiting at the border grows and as Trump's anti-immigration policies and rhetoric cause longer and longer delays in the hearing of these cases, illegal immigration actually becomes more likely, not less. Wayne Cornelius, professor at the University of California, San Diego and expert on the border, told the New York Times, "The longer the caravaners stay in Tijuana, the more likely they are to succumb to the temptation to cross illegally into the U.S." So the Trump administration's anti-immigration stance is not only perpetuating a false impression that immigrants at the border are breaking the law, but also making the illegal immigration they're supposedly so opposed to more likely than ever.
Now, Trump is reportedly working with the Mexican government to add further peril and hardship to the journeys of these migrants. Trump tweeted on Saturday:
Migrants at the Southern Border will not be allowed into the United States until their claims are individually appr… https://t.co/1rhhYBhKvM— Donald J. Trump (@Donald J. Trump)1543103365.0
This provision, which the new Mexican government is reportedly agreeable to, would further violate asylum laws, which state that the United States must ensure that individuals waiting for asylum are safe not only from a hostile government, but from gangs and other threats. It would be nearly impossible for America to ensure asylum seekers this kind of protection while they're still in Mexico, and it would undoubtedly require a massive allocation of resources to do so. The American Civil Liberties Union immigration attorney Lee Gelernt told the Washington Post on Sunday night, "We believe it would be impossible for the U.S." to ensure asylum seekers safety while still in Mexico.
The truth of the matter is that these migrants are not the villains Trump has made them out to be, as they're merely seeking a better life for themselves and their families. Andrés Medina, 22, who left Honduras to escape gang recruitment and was a part of the group that rushed the crossing, said, "We've got to try one more time, we don't even have weapons." He added, "We just wanted to cross."