Over the past year, the Trump administration has put forth an array of measures to deter immigration to the United States, including separating families, enacting a zero-tolerance stance toward irregular crossings, and—most recently—requiring asylum seekers to remain in Mexico while awaiting their asylum claim decisions. Despite these efforts, in February 2019, apprehension numbers from the United States’s southern border hit their highest levels in 10 years.
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The New York Times reports that Adham Amin Hassoun has filed a petition for a writ of habeas corpus challenging his current detention in an immigration facility in Buffalo, New York. Hassoun, a Palestinian who later moved to Florida, was detained in 2002 for overstaying his visa and convicted on material support charges in 2007. After serving his criminal sentence, he was then held in immigration detention.
Inquiring minds want to know.
In May 2018, facing widespread outrage, the Department of Homeland Security (DHS) backed away from a proposal for machine learning technology to monitor immigrants continuously.
On Tuesday, Dec. 19, U.S. District Judge Jon Tigar of the Northern District of California granted a preliminary injunction against the new Department of Homeland Security (DHS) rule precluding asylum grants for persons who enter at undesignated border locations. The nationwide injunction supplants the temporary restraining order (TRO) that Judge Tigar entered in November. Earlier this month, the U.S.
President Trump has released a proclamation ordering that the United States will only consider asylum applications at recognized ports of entry along the U.S-Mexico border.
On Thursday, the Departments of Justice and Homeland Security announced an amendment to the rules governing asylum requests rendering ineligible for asylum those who attempt to enter the United States in violation of an order issued under Section 212(f) or 215(a)(1) of the Immigration and Nationality Act. Those statutes give the president certain authorities to restrict the entry of aliens to the United States.
Former White House Counsel Donald McGahn had his work cut out for him as legal adviser to this particular president, and his successor, Pat A. Cipollone, cannot expect an easier time. Among the looming challenges: whatever comes of special counsel Mueller’s investigation and, if the Democrats regain control of the House of Representatives, the potential institution of impeachment proceedings.
Mandatory immigration detention is an exception to the rule that confinement requires an individualized showing of flight risk or dangerousness. In 2016, the U.S. Court of Appeals for the Ninth Circuit narrowed the scope of mandatory detention, ruling that some noncitizens—“aliens” under the Immigration and Nationality Act (INA)—could show that they were not flight risks or dangerous and therefore should be released pending an immigration court hearing on the merits of their removal.
The Trump administration’s efforts to establish a “zero tolerance policy” prosecuting all irregular border-crossers ended in high-profile disarray but the fallout continues. Months after the president signed an executive order halting the family separations that his administration had implemented, more than 500 children still wait to be reunited with their parents.