The United States is seeing a troubling rise in unaccompanied children crossing the U.S.-Mexico border. Resolving the problems at the border will require action from the Biden administration, Congress and the courts.
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Attorney General Bill Barr ruled on April 17 that asylum seekers who present at the border and establish a "credible fear of prosecution or torture" are ineligible for release on bond once they are transferred from expedited removal proceedings to full deportation proceedings. The Department of Homeland Security may still choose to release asylum seekers, but cannot be compelled by immigration judges to do so.
On Monday, Judge Richard Seeborg of the U.S. District Court for the Northern District of California granted a preliminary injuction of the Trump administration's Migrant Protection Protocols requiring non-Mexican migrants seeking asylum in the U.S. to be deported to Mexico while their request is processed. The injuction, issued in Innovation Law Lab et al, v. Nielsen, is scheduled to take effect on Friday, Apr. 12. The order is available in full here and below.
In the months since Mexico’s president, Andrés Manuel López Obrador (often called “AMLO”), announced the creation of a “national guard” as a core component of his public security strategy, the proposal has received significant criticism.
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.
Recent news reports say that President Trump's wall construction plans are likely to take three years and cost north of $20 billion. This is broadly consistent with a CATO study of the wall and will be in addition, of course, to earlier spending that reflects existing investments.