A two-judge majority found that the Immigration and Nationality Act grants discretion to keep migrants seeking to enter the United States in Mexico pending a hearing.
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The question is fundamental to understanding migration to the United States. But it’s surprisingly hard to answer.
On Friday, the president issued the following proclamation establishing that a national emergency exists on the southern border pursuant to the National Emergencies Act.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA
The Trump administration’s actions at the border already raise serious constitutional questions. And none of them have to do with the wall.
The European Union's "iBorderCtrl" system has garnered significant attention—but the United States has developed at least four deception detection systems over the past decade.
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.
The 5,000-person migrant caravan that has made so much news reflects only 10 percent of the monthly total of people requesting asylum or apprehended at the U.S.-Mexico border.
On June 20, President Trump signed the following order to end the administration’s policy of separating families who attempt to enter the country illegally. Under the new policy, the administration will detain parents and children together “where appropriate and consistent with law and available resources.”
The Trump administration practice of separating families at the border is clearly immoral. It may be illegal as well.
A recent Board of Immigration Appeals case concluded that a woman who was kidnapped and forced into labor for El Salvadoran guerrillas is a material supporter of terrorism and therefore ineligible for asylum.