Homeland Security Secretary Kirstjen Nielsen just sent a clear message to the 14,000 strong caravan from Central America swiftly moving towards us:
@SecNielsen on #Caravan: “This caravan is not getting in. There is a legal way to enter this country. Those who choose to enter illegally will be stopped…My general message to this caravan is: ‘Do not come. You will not be allowed in.'”
.@SecNielsen on #Caravan: "This caravan is not getting in. There is a legal way to enter this country. Those who choose to enter illegally will be stopped…My general message to this caravan is: 'Do not come. You will not be allowed in.'" pic.twitter.com/mdxoWo0L9V
— FoxNewsSunday (@FoxNewsSunday) October 28, 2018
While President Trump plans on using all his power to stop the caravan, legal action by our rogue courts and judges may be similar to the prior EO that attempted to stop immigrants from Muslim countries from coming to the U.S. The problem is that our current immigration law (see below) protects those who seek asylum so that they may come claiming “credible fear” and then essentially be given a free pass to enter with the promise to come back for a hearing. This is on an honor system so most of the people who get a court date, never come back for the hearing…they just disappear into the U.S. President Trump will be proposing a plan on Tuesday that would include not allowing the supposed “refugees” into the U.S. but letting them seek asylum via video.
The REAL solution is a change in policy from Congress ASAP.
Neilsen sounded hopeful during an interview with Chris Wallace on “Fox News Sunday”:
“I think what the president is making clear is every possible action, authority, executive program, is on the table to consider, to ensure that it is clear that there is a right and legal way to come to this country and no other ways will be tolerated.”
The detention centers at the border are already overwhelmed so anyone seeking asylum will be processed unless the courts uphold President Trump’s executive order to stop all of the people coming into the U.S. illegally.
Here is what Neil Munro reported at Breitbart:
President Donald Trump will announce Tuesday how he will use his extraordinary powers over legal immigration to block the caravan and other asylum-seeking economic migrants, according to the Washington Post.
“A draft of the proposal reviewed by The Washington Post says the president can use his authority under Section 212(f) of the Immigration and Nationality Act to declare certain migrants ineligible for asylum for national security reasons,” the Post reported.
The little-used powers are in Section 212(f) of U.S. law, at 8 U.S. Code § 1182:
Suspension of entry or imposition of restrictions by President
Whenever the President finds that the entry of any aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate.
But pro-migration advocates say that 212(f) clause cannot stop illegal migrants from jumping over the border wall into the United States and then use U.S. and international law to apply for asylum.
These advocates say migrants — even those with invalid cases — are protected by the constitution’s Fith Amendment once they get onto U.S. territory. The clause — “No person shall be … deprived of life, liberty, or property, without due process of law” — allows migrants to get court hearings, despite Presidential opposition, the advocates say.
However, U.S. law does not require that asylum applicants be allowed to stay in the United States while their legal claims are considered by the courts, countered Christopher Hajec, the litigation director for the Immigration Law Reform Institute.