New Asylum Rule: You Can’t Have it Both Ways

New Asylum Rule: You Can’t Have it Both Ways

New Asylum Rule: You Can’t Have it Both Ways

The Trump administration’s new asylum rule was announced yesterday, and the liberal gnashing of teeth has begun. Fresh from their appalling comparisons of US holding facilities for illegal aliens to concentration camps, the left is now squealing shrilly about the heartless Trump making it impossible for migrants to seek asylum.

Trump is a hypocrite, they claim. The President’s own grandfather had to beg the prince regent of Bavaria not to deport him and his family – a plea which was subsequently rejected by Prince Luitpold, forcing Friedrich Trump to return to New York. Therefore, he should have more heart, they claim.


Friedrich Trump obtained US citizenship after he immigrated to the US, and then decided to head back home to Bavaria. There was no economic hardship. There was nothing that was endangering the life of him or his family in the United States. According to the letter, Trump’s wife did not like the climate, and given his failure to complete mandatory military service in Germany, his plea was denied.

What has that to do with anything? Beats me.

Trump is mean and evil. These people are here seeking safety and shelter from gangs, crime, drugs, etc. They want economic opportunities offered by the United States, and who can blame them? They can earn more here than they could in their countries of origin. They have protections. They have access to clean water and free schooling for their kids, as well as other infrastructure. It’s a great place to thrive and raise families, no matter what shrill, evil shrews like Ilhan Omar will tell you about how disappointed they are by this nation that has given her great opportunities, an education, and even allowed her to be elected to Congress! And Trump’s new asylum rule is limiting their opportunities.

To be eligible for asylum or refugee status, the applicant must be unable or unwilling to return to his or her country of nationality because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion. That’s not heartless; that’s the law, and Barack Obama acknowledged this.

Last year, 65 percent of asylum applications were denied – an increase in denials that began in Fiscal Year 2015 under Barack Obama.

Crime sucks. Poverty sucks. But that’s not enough to be granted asylum. And it’s certainly not enough to break down the fence, invade our country, and demand to be allowed to stay, while complaining about the conditions in which you’re staying.

Our country is not easy. It certainly cannot process the thousands and thousands of asylum seekers who are invading our borders, and our new asylum rule is meant not just to relieve the massive pressure on our immigration system, but also allow those seeking asylum in our nation not to be held in overcrowded detention centers, victims of a system that’s just not equipped to process so many people on a daily basis!

The United States has experienced a dramatic increase in the number of aliens encountered along or near the southern land border with Mexico. This increase corresponds with a sharp increase in the number, and percentage, of aliens claiming fear of persecution or torture when apprehended or encountered by DHS. For example, over the past decade, the overall percentage of aliens subject to expedited removal and referred, as part of the initial screening process, for a credible-fear interview on claims of a fear of return has jumped from approximately 5 percent to above 40 percent. The number of cases referred to DOJ for proceedings before an immigration judge has also risen sharply, more than tripling between 2013 and 2018. These numbers are projected to continue to increase throughout the remainder of Fiscal Year (“FY”) 2019 and beyond. Only a small minority of these individuals, however, are ultimately granted asylum.

The new asylum rule adds a “new mandatory bar to eligibility for asylum for an alien who enters or attempts to enter the United States across the southern border, but who did not apply for protection from persecution or torture where it was available in at least one third country outside the alien’s country of citizenship, nationality, or last lawful habitual residence through which he or she transited en route to the United States, such as in Mexico via that country’s robust protection regime.”

If the individual is really seeking asylum based on persecution for race, religion, nationality, membership in a social group, or political views, they should be just fine seeking that status in Mexico first.

But, despite what the left will claim, many migrants are not fleeing persecution, but merely feel entitled to better economic opportunities. As Kim wrote a few weeks ago about that heart-wrenching photo of a migrant father and his little girl that the liberals had been using as political props,Oscar Alberto Martinez Ramirez, the father, and his wife Tania were not asylum seekers. They weren’t even unemployed. Oscar had a job in a Papa Johns pizza shop, and Tania actually quit her job in a Chinese restaurant to take care of their daughter Valeria.”

This, of course, didn’t stop Kamala Harris and others from using their tragic deaths as fodder for their “Trump is mean to asylum seekers” narrative.

And as more and more migrants attempt to crash the gates and gain admission to the US by claiming asylum, courts are overwhelmed, as are holding facilities for migrants.

So in an effort to stem the flow, the US has moved to limit the ability of Central American migrants to seek asylum here, if they haven’t sought asylum in another country first. And this is just not good enough for some people like Pedro Luis Ruíz, who is waiting his turn in Mexico for an asylum hearing in the US based on his fear of political persecution in his native Cuba, and who is no longer eligible to just step foot into the US after Barack Obama ended the “Wet Foot, Dry Foot” program for Cubans that allowed most Cuban migrants who reach US soil to stay and become legal permanent residents after one year.

“President Trump has the right to think as he wishes, but in this case he is wrong,” said Mr. Ruiz, a Cuban activist who joined an underground opposition party and said he can’t return to Cuba for fear of political persecution. “I will not feel protected anywhere in the world other than the U.S.”

As much sympathy as I feel for Mr. Ruiz, the fact that he won’t “feel protected” anywhere else does not entitle him to circumvent the law, even though his is the type of asylum application that would likely be approved based on USCIS regulations.

And while Democrats whine about this new asylum rule, they refuse to do their jobs and make laws to remedy the situation.

While they whine about overcrowding, they encourage employees of companies that make beds for migrant holding facilities to stop working.

While they squeal about the conditions in these holding facilities, they condemn efforts to at least slow the flow of migrants, so that fewer are kept in these detention facilities and can await their asylum hearings in Mexico, which is exactly what this new asylum rule is meant to do.

They can’t have it both ways. Fix the broken immigration system. Increase border security. Prevent overcrowding by stemming the flow of migrants and their fraudulent asylum applications that overburden US courts. This is all within the power of Congress.

But apparently, it’s easier to complain and use tragedies as political fodder than actually do anything about it.


Featured image: johnhain on Pixabay; resized, Pixabay License

Written by

Marta Hernandez is an immigrant, writer, editor, science fiction fan (especially military sci-fi), and a lover of freedom, her children, her husband and her pets. She loves to shoot, and range time is sacred, as is her hiking obsession, especially if we’re talking the European Alps. She is an avid caffeine and TWD addict, and wants to own otters, sloths, wallabies, koalas, and wombats when she grows up.

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  • Anchovy says:

    We need to confront these people each and every time they scream, “racism” and demand they define the word racist or racism.

    • GWB says:

      And point out to them that they’ve turned it into a meaningless religious talisman, like “heretic!” or “sinner!” And then comment, “Funny, because I thought you were the anti-superstition sort.”

  • GWB says:

    These families seeking asylum are often fleeing extreme violence.
    A lot of them are bringing that violence with them. Hell, a lot of them ARE that violence.

    “I will not feel protected anywhere in the world other than the U.S.”
    I get the sentiment. And I appreciate the compliment. But it’s patently untrue.

    they were making beds to cage children
    They were making cribs?!? Because those are the only beds that cage children that I know of.

    They can’t have it both ways.
    They don’t really want the problems to stop. They want them to continue so they can keep on using it as a political cudgel against those who resist their grasp at totalitarianism. And, of course, the imported folks are often much more amenable to being ruled as a peasant class. Us Americans just don’t listen well.

    BTW, if a conservatish billionaire wants to do some real good? Go down and set up camps in Mexico, just shy of our border, and gather those refugees in… and teach them how to be free citizens, including the manual of arms. teach them to be a self-governing community of freemen, arm them, and then send them back en masse to one of those countries. We won’t need to be the Grande El Norte/El Dorado anymore. They’ll make their own.

    (Note, I’m not advocating arming a rebel army. I’m advocating equipping a pioneer expedition that can carve out their own space. It will naturally have to exist in the lands of one or more extant countries, but them’s the breaks.)

  • The statistic you quoted, about two-thirds of asylum claims being denied—does anyone have a breakdown of what the percentages are among those who present at a border crossing requesting asylum, vs. those who cross illegally and only invoke asylum when they’re caught?

  • polijunkie100 says:

    “They can’t have it both ways.” But that’s exactly what they do want. The idea is to force Trump to return to the Obama-era ‘catch-and-release’ policy. It makes the CBP nothing more than a turnstile for the open border.

  • […] Makes sense to me. If you’re really seeking asylum you wouldn’t be so picky as to which country you fled to. […]

  • […] One factor that hasn’t been mentioned as fueling the number of people urging the US to accept ALL the people who show up at its door is the reluctance of those people to actually travel to those countries of origin to help the downtrodd… […]

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