Attorney General Bill Barr is throwing a roadblock into one of the methods used by illegal immigrants to get into the United States.
In a decision announced Tuesday, illegal immigrants who demonstrate a “credible fear” when apprehended trying to enter the U.S. will no longer be eligible to be released on bond, even if they have requested asylum, The Daily Caller reported.
Barr’s decision Tuesday, titled. Matter of M-S-, overrules a 2005 Board of Immigration Appeals decision and comes from a Department of Justice review in October 2018 of bond hearings for immigrants who are seeking asylum.
The Immigration and Nationality Act states that immigrants who establish credible fear “shall be detained for further consideration of the application for asylum” or may be “parole[d] into the United States . . . for urgent humanitarian reasons or significant public benefit.”
These immigrants can be paroled under the jurisdiction of the Department of Homeland Security or held indefinitely until they can appear before an immigration judge.
“The Act provides that, if an alien in expedited proceedings establishes a credible fear, he “shall be detained for further consideration of the application for asylum,” Barr’s decision Tuesday read. “I order that, unless DHS paroles the respondent under section 212(d)(5)(A) of the Act, he must be detained until his removal proceedings conclude.”
Barr’s decision effectively blocks the path commonly used by migrants trying to get into the U.S. using the court system, even though 80 percent of asylum cases at the southern border do not ultimately lead to entry into the U.S., according to former DHS Secretary Kirstjen Nielsen. It would end the so-called catch-and-release system which may be indirectly funding the Central American migration.
President Trump has criticized how migrants used methods to fraudulently work the system, sometimes getting coaching on how to pass an interview with an asylum officer.
“You have people coming up — you know, they’re all met by the lawyers, the lawyers. And they come out, they’re all met by the lawyers and they say, ‘Say the following phrase: I am very afraid for my life. I am afraid for my life,’” Trump said at a rally earlier this month, according to The Daily Caller. “It’s a big fat con job, folks.”
According to Breitbart News:
Barr’s new ruling does not apply to the many “UAC” migrant minors who are being smuggled northwards by parents living illegally in the United States. It also does not apply to migrants who walk up to the nation’s official ports of entry to ask for asylum.
But the ruling will apply to the huge number of migrants who cross the borderline away from the ports of entry.
Those migrants must now be held for many months — or even years — unless DHS leaders formally release the migrants. The decision ensures that migration judges’ preference — and migration lawyers’ pleadings — will not allow the illegal migrants to be released on bonds which are often a tiny fraction of the economic value gained by the migrants from working illegally in the United States.
The law, which will not be implemented for 90 days to allow time for DHS to decide who will be released, should give migrants the incentive to apply for asylum legally at the ports of entry using formal process, rather than attempt to sneak past Border Patrol agents.
DHS will need to set up temporary housing for the migrants being held, preventing them from moving on into U.S. cities where they would seek jobs. This economic block may serve as a deterrent to future migrants planning to make the attempt to illegally cross the border.
Sen. Bernie Sanders indicated this week that he would support detention centers on the border.
Sen. Bernie Sanders supports border detention & asylum processing of migrants. The detention would end the catch-and-release policies which fund & encourage the migration. (FWIW, progressives & biz will OK border centers if most migrants are given asylum) https://t.co/mXoAAfaozz
— Neil Munro (@NeilMunroDC) April 16, 2019
“We have a problem at the border, a serious problem … We need the proper legal processes at the border so that these issues can be adjudicated to determine whether or not people or should be entitled to asylum,” The 2020 presidential contender said at a Fox New town hall on Monday.