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:
Gavin Newsom, the Democratic governor-elect from California, echoed this sentiment, saying:
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.
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:
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."
"This caravan cannot come to the United States. They will not be allowed in," said Department of Homeland Security Department Secretary Kirstjen Nielsen.
Thousands of asylum-seeking migrants are making their way towards the U.S.-Mexico border, and President Trump wants to stop them.
The administration is looking at ways to crack down on border crossings as a means to rally his political base ahead of the midterm elections, specifically taking aim at the controversial migrant caravan that left Honduras on October 12th.
Reportedly still more than 1,000 miles from the U.S. border, the caravan's exact numbers are unknown amidst conflicting accounts. The Mexican government estimates the number of people taking part in the caravan has fallen below 4,000, while United Nations officials assisting Mexican authorities said Monday that more than 7,200 people had participated. Alex Mensing, a U.S.-based organizer with the humanitarian group Pueblo Sin Fronteras claimed the size of the caravan has swelled to 10,000.
Officials said they are considering all options for sealing the border, including denial of Central American asylum applications based on the so-called "travel ban" of 2017, which a deeply divided U.S. Supreme Court upheld as a legitimate use of executive authority. No final decisions have been made, they said, citing legal challenges as a barrier to some of the more aggressive methods.
Pedro Pardo/AFP via Getty Images
"The administration is considering a wide range of administrative, legal and legislative options to address the Democrat-created crisis of mass illegal immigration," a White House official explained. "No decisions have been made at this time. Nor will we forecast to smugglers or caravans what precise strategies will or will not be deployed."
The details are expected to be finalized by early next week in a speech by the president. In the meantime, the Pentagon is preparing to deploy at least 800 troops to the border to confront the caravan.
Department of Homeland Security Department Secretary Kirstjen Nielsen said Thursday night, "If [the migrants] come here illegally with no legitimate reason to stay, they absolutely will be apprehended and removed immediately," she said. "To ignore, basically, refuge and continue, in some cases, to come to the United States raises questions of what their real motives are."
Human Rights First, a non-profit and non-partisan rights group, spoke out against this proposed regulation,
saying President Trump is "misinterpreting the law."
"The fact that the president can apply it to asylum is where we say no," said Jennifer Quigley, an advocacy strategist for refugee protections with Human Rights First, a non-profit and non-partisan rights group. She explained that such a move from the Trump administration would be a violation of the U.S. Constitution's due process clause and obligations under international law, such as the Refugee Convention.
Marielena Hincapie, executive director of the National Immigration Law Center agreed that closing the border would do more harm than good. "This is going to impact a large range of people coming through who may or may not be part of the caravan, other people who are seeking asylum, or other forms of visas," she said. "A lot of people are simply coming over to do business."