Nigger don’t give me that shit. I’ve argued asylum cases on behalf of DHS in immigration courts and won.
The law concerning refugees and asylees comes from the United Nations 1951 Convention Relating to the Status of Refugees and it’s codification into US law in the Refugee Act If 1980. It gives a right of asylum to those with a reasonable fear of persecution on account of a protected ground. Those grounds are Political opinion, Nationality, Race, Religion, and Membership in a Parricular Social group. Hearings to determine if an alien claiming asylum actually estsblishes a valid claim to asylum (after an officer has determined they have a credible fear) are held before special Immigration Judges in Immigration Courts under the Executive Offive for Immigration Review, a part of the US Department of Justice, and a right of appeal to the Board of Immigration Appeals, and from there to the US Federal Circuit Courts and the United States Supreme Court. Aliens are said to have a right to a hearing.
The issue is that almost none of the asylum claimants can actually establish a right to asylum under the law as it is written. They cannot satisfy the “on account of a protected ground” part of the law, even with the meaning of “membership in a particular social group” being stretched. Fearing crime in Honduras is not grounds for asylum under the law as it is now. So aliens claiming asylum wait for years on end for a hearing that they are extremely unlikely to win. Wait times (for non-detained hearings) in Dallas were 2 years when I was working there, 4 years in Arlington Virginia, and 9 months in Orlando, Florida.
Needless to say, aliens skipping out on their hearings or not leaving after an order of removal is issued is extremely common. This is the reason why detention for asylum seekers is preferred. And that is what this whole battle is about. Not about the right to asylum, but about detention of asylum seekers who won’t win in court anyways. The Trump administration has sought to increase the number of beds in detention centers, which as it is are overflowing. This has been blocked in Congress. So he has also tried to detain immigrants in Mexico as their claims are processed. This has been blocked by article 3 US Federal District Court judges. These are the judges I am taking about - Obama appointed federal district court judges hoPost too long. Click here to view the full text.