WASHINGTON – The Trump government took another important step on Tuesday to deter migrants from seeking asylum by issuing an order that would allow thousands of them to remain in jail indefinitely while awaiting resolution of their asylum applications waiting.
In an Effort To fulfill President Trump's promise to end "Catching and releasing" at the border, Attorney General William P. Barr ordered the immigration judges to grant bail to some of the migrants who applied for asylum prohibit.
The order will not proceed for 90 days and is almost certain to be challenged in federal court. Immigration lawyers, however, said they could undermine the fundamental rights of security seekers in the United States.
For over a decade, migrants who have a "credible fear" of persecution in their home countries may request a hearing to be released. You can pay a bail while awaiting their asylum procedures in a few months or so Be heard years later.
A federal judge in Washington state this month upheld the rights of individuals with a valid asylum claim and said they should be given the opportunity to seek a bail within seven days of their request.
But Mr. Barr's orders came in a case involving an Indian who came to the United States from Mexico and applied for asylum. Mr Barr exercised his powers as the chief immigration officer and stated that migrants have no right to bail in similar cases.
Such an immigrant "is not entitled to release on loan after finding a credible fear of persecution or torture," Mr. Barr wrote in his order suspending an earlier case of the 2005 Immigration Board.
An asylum-seeker could still request the release of the Ministry of Homeland Security on probation. However, this is entirely at the discretion of the department, which has greatly reduced such publications under Mr Trump.
Mr. Barr's decision does not affect migrants seeking asylum in one of the two dozen ports of entry on the Mexican border. Affected are people who are arrested after their illegal entry into the United States in the often vast rural areas of the border.
Mr. Barr's order is the recent effort by the Trump administration to reduce the number of immigrants seeking protection from violence, poverty and gangs by asking for legal status in the United States.
At a recent election rally, Mr. Trump said some asylum applications were a "big, fat scam" and migrants were meeting on the border with lawyers who wanted to suppress these demands. The president warned against the impending crackdown: "I do not play games."
Mr. Trump has reduced the number of refugees that can be accepted each year. He slowed down the processing of asylum applications at the ports of entry. And he has ordered that some asylum seekers in Mexico and not in the United States have to wait while their cases are negotiated.
Officials say the goal of the Hardline approach is to prevent migrants from attempting to come to the United States in the first place. But the administration's policies – some of which have been blocked in court – have not slowed down the arrival of arrivals in recent months.
A wave of Central American migrants, many of whom are families traveling with young children, is overwhelmed by the Border Guard and other authorities in communities along the southwestern border. Detention facilities for illegal immigrants are far beyond their reach, forcing the authorities to release some of them shortly after their arrest.
Mr. Barr's decision could increase the overcrowding crisis in immigrant detention centers by obliging judges to keep asylum seekers in prison for extended periods of time. In his order on Tuesday, Mr. Barr seemed to admit the reality of the space crisis in the detention area.
"I will postpone the effective date of this decision by 90 days, so that D.H.S. can provide the necessary operational planning for additional detention and probation decisions, "Barr wrote in the eleven-page ruling publicly released Tuesday night.
Mr. Barr's decision concerns unaccompanied children or families illegally entering the United States A longstanding settlement in a previous lawsuit states that the government can not hold children or families in detention for more than 20 days.
Immigration law attorneys, however, said that Mr. Barr's order, should it come into force, would make one Setting a precedent for the government could use it to deny hearings and bail for even more immigrants.
"That's Trump's mantra: Stop catching and liberating," Ms. Rabinovitz said the? They are people. We are not talking about a game with cat and mouse.
Rabinovitz and other immigration attorneys stated that they intend to quickly challenge Mr. Barr's appeal to the Federal Supreme Court by asking the Washington State judge to extend his decision to prevent Mr. Barr's injunction Strength joined.
The lawyers said they could be in court on Wednesday to challenge the Attorney General's order.
The Department of Justice declined to comment on the text of Barr's decision.
As immigration courts are under the jurisdiction of the Ministry of Justice and not the Ministry of Justice, the Attorney General has the power to refer cases and suspend decisions. Last October, less than a month before he was forced out of administration, Attorney General Jeff Sessions asked to review the case known as the "Matter of MS" case to determine whether migrants with credible asylum applications should be able to post bond and entry to the United States.
Just months before the case was over, Mr. Sessions overturned another immigration court ruling and made it difficult for victims of domestic abuse or gang violence to seek asylum.
Mr. Barr's decision indicates that the fight against immigration remains a top priority despite the departure of Mr. Sessions, who has been a strong advocate of more stringent immigration laws for over two decades.
Barr, who was confirmed in February, ruled that the law requires immigrants to be detained on pending asylum applications – a decision reversing an immigration appeal decision in a case called "Matter of X-K -".