Replying to our recent post about the “caravan” approaching our southern border, commenter Jason asks:
From what I have read, there seems to be an honest albeit contentious difference of interpretation within the Trump administration over whether we can prevent South Americans from seeking asylum at the border, versus at various consulates throughout Mexico (and Central America). Wouldn’t the administration be strongly supporting your point publicly if the law were clear?
The question is whether American law requires that everyone seeking asylum be admitted first, then given a hearing in court as to the validity of their appeal — and it appears that it does. This constitutes a security flaw similar to those that hackers exploit to hijack software.
The way to attack this vulnerability would be to arrive at the border in such numbers that the system processing the applications would be overwhelmed. Given that each claim of refugee status requires extensive vetting and investigation, and given also that the agencies responsible for this are already strained to the limit, it wouldn’t take much of an increase in the flow of “refugees” to swamp the system beyond any hope of keeping up. The sympathies of our media would be monolithically aligned with the arriving hordes, and they would mount a sustained propaganda effort to arouse popular sentiment in favor of simply admitting everyone. Considerations of duty, due process, rule of law, and national security would be washed away by a flood of feminine tears as images of forlorn children blanketed the nation’s glowing screens. And once the first wave had breached the dam, everyone everywhere would understand that there are millions (billions!) more behind them, and no longer any consistent principle, moral or legal, by which the rest might be excluded.
That’s exactly what’s underway today. This caravan is no spontaneous movement; it is a carefully planned attempt to exploit a known weakness in our operating system’s code.
Here are the actual lines of that code (from 8 U.S. Code § 1158):
Any alien who is physically present in the United States or who arrives in the United States (whether or not at a designated port of arrival and including an alien who is brought to the United States after having been interdicted in international or United States waters), irrespective of such alien’s status, may apply for asylum in accordance with this section or, where applicable, section 1225(b) of this title.
Will it take an act of Congress to patch this loophole? Perhaps not. Note this phrase:
“…physically present in the United States or who arrives in the United States…”
We will see what happens next.
7 Comments
The Israelis build their border walls on land they don’t even claim to own.
If Trump had the courage to get the job done, he’d do the same vs a vs Mexico.
That’s a convenience, but isn’t necessary. We have a border, and simply to defend it will suffice.
I don’t believe that this will be the moment, but the moment will come when, faced with putting the cup to their mouths, some on the left will break rank and put down the Kool Aid. Can they possibly believe that the repercussions of abandoning our borders will be anything but disastrous?
“The Republicans want to destroy Social Security, gut Medicaid, roll back environmental protection and deny health care as a basic human right! They are misogynists, racists and homophobes!”
“We can counter these imagined Republican machinations by destroying the borders and importing millions of the poor and indigent of Latin America.”
What kind of mad logic is this? This will not end well.
What kind of mad logic is this? No kind. It is politics aimed at two different audiences.
As I think you suggested Malcolm, the question seems to be one of either reaching the goal line or actually having to cross it. My reading, and I assume yours, is that the language of the code supports the latter, thus allowing for a defensive line right at (on?) the goal line (the military) to prevent the running backs (South Americans) from getting a touchdown in the end zone (entering the country and applying for asylum).
Well, like any law, it becomes a matter of interpretation. They cease to become asylum seekers if they are organized purely to exploit 8 U.S. Code § 1158.
If thirty heavily armed and supported combat divisions enter the US and start shooting and looting while claiming a right for an asylum hearing, we have no compunction to honor that request.