Judge Strikes Down Trump’s Attempt To Ban Asylum For Migrants Who Cross The Border, And Says That We Must Follow The Rule Of Law

By Theodore Shoebat

Donald Trump tried to ban asylum seekers from requesting asylum after crossing the border not through a point of entry. This plan was struck down by a federal judge. Judge Jon S. Tigar of the United States District Court in San Francisco stated that: “Whatever the scope of the president’s authority, he may not rewrite the immigration laws to impose a condition that Congress has expressly forbidden”. Trump attacked judge Tigar by calling him an “Obama judge”. Chief Justice John Roberts responded to Trump by emphasizing that in the United States the judiciary is independent of the executive branch of power. Roberts said: “independent judiciary is something we should all be thankful for.” Roberts also said that the U.S. doesn’t have “Obama judges or Trump judges, Bush judges or Clinton judges.”

Stephen Yale-Loehr, an immigration scholar at Cornell Law School, said: “The ruling is a significant blow to the administration’s efforts to unilaterally change asylum law. Ultimately this may have to go to the Supreme Court for a final ruling,”

The order will remain until December 19th, and then the court will consider a permanent ban on asylum seekers who seek asylum after crossing the border without going through a port of entry.

Trump is trying to override the 1965 Immigration Act. According to USA Today:

“The 1965 Immigration and Nationality Act states that any foreigner who arrives in the USA, “whether or not at a designated port of arrival,” may apply for asylum. On Nov. 9, Trump tried to overrule that law, signing a presidential proclamation ending the ability of immigrants to request asylum if they enter the country illegally.”

A report from the Week says:

The 1965 Immigration and Nationality Act allowed anyone — regardless of whether they entered the country legally or illegally — to request asylum upon arrival. But as part of the administration’s “zero tolerance” policy,” over the summer it started slapping asylum seekers found entering between ports of entry rather than actual ports as required with criminal charges. However, that did not affect their asylum petition. They could be fined or punished for trying to enter the country illegally. But if they could convince border agents that they had a “credible fear” of persecution in their home countries, they were still entitled to a hearing by a judge who would make the final call on whether they could stay.

The president is pretending that the approaching caravan is some kind of national emergency that gives him the power to issue a proclamation — effective immediately without going through the usual notice and comment period that normal regulations require — that’ll basically bar anyone found trying to enter between ports from even applying for asylum, much like criminals and terrorists are currently barred. Instead, they would be put in “withholding” proceedings where they could petition to stay in America temporarily but, unlike asylum seekers, wouldn’t be able to obtain green cards. And to even get this mercy, they would have to meet a higher bar and prove a “reasonable” (not just a “credible”) fear of persecution or violence in their native countries.

Conservatives love to talk about “the rule of law,” but they don’t mind Trump trying to override an already existing law that allows for people to claim asylum even if they did not enter the port of entry. To quote Justice Roberts:

“What we have is an extraordinary group of dedicated judges doing their level best to do equal right to those appearing before them”

But Trump wants to, in a certain way, remove the right of migrants to claim asylum. Justice Tigar says:

“The rule barring asylum for immigrants who enter the country outside a port of entry irreconcilably conflicts with the INA and the expressed intent of Congress … Whatever the scope of the president’s authority, he may not rewrite the immigration laws to impose a condition that Congress has expressly forbidden.”

The reason why migrants at times don’t go through the point of entry is because there have been moments where the border patrol will tell them to come back later. As the report from the Week explains:

U.S. Customs and Border Protection has taken to deliberately turning them away at authorized ports, telling them to return later, citing alleged capacity limits. This leaves these people, already past the point of exhaustion, in limbo with nowhere to go for days and weeks.

The thing that the racialist Alt-Right in America focuses on the most when it comes to legislation, is removing the 1965 Immigration Act. The racists in the Identitarian movement want to revive the 1924 Immigration Act which was imposed to reduce immigration in order to maintain the Anglo-Saxon demographic.

For example, Richard Spencer has said: “The first immigration law in the United States in 1790 restricted immigration to European people. In 1924 America restricted immigration and we effectively had a net neutral, and sometimes even net negative immigration, for 40 years until 1965 when that was reversed.”

The 1924 Immigration Act’s ideological underpinnings was eugenics and Social-Darwinism. The Archive of the American Eugenics Movement recounts:

In 1920, Laughlin appeared before the U.S. House of Representatives Committee on Immigration and Naturalization. Using data for the U.S. Census Bureau and a survey of the number of foreign-born persons in jails, prisons and reformatories, he argued that the “American” gene pool was being polluted by a rising tide of intellectually and morally defective immigrants – primarily from eastern and southern Europe. Sympathetic to Laughlin’s message, Committee Chairman Albert Johnson of Washington State appointed Laughlin as “expert eugenics agent.”

In this capacity, Laughlin conducted research from 1921 to 1931. He took a fact-finding trip to Europe, used free postage to conduct large-scale surveys of charitable institutions and mental hospitals, and had his results published by the Government Printing Office. His research culminated in his 1924 testimony to Congress in support of a eugenically-crafted immigration restriction bill. The Eugenics Research Association displayed a chart beneath the Rotunda of the Capitol building in Washington showing the cost to taxpayers of supporting Laughlin’s “social inadequates.”

The resulting law, the Immigration Restriction Act of 1924, was designed consciously to halt the immigration of supposedly “dysgenic” Italians and eastern European Jews, whose numbers had mushroomed during the period from 1900 to 1920. The method was simply to scale the number of immigrants from each country in proportion to their percentage of the U.S. population in the 1890 census – when northern and western Europeans were the dominant immigrants. Under the new law, the quota of southern and eastern Europeans was reduced from 45% to 15%. The 1924 Act ended the greatest era of immigration in U.S. history.

Upon signing the Act, President Calvin Coolidge commented, “America must remain American.” This phrase would become the rallying cry of anti-immigration sentiment until after World War II. The eugenic intent of the 1924 law and the quota system it established remained in place until they were repealed by the Immigration and Nationality Act of 1965.

Trump is not trying to override the 1965 Immigration Act to ‘save America,’ but rather to appease the racist, mobbish and nationalist factions of American society.

And if you are going to start screaming “George Soros,” Mr. Trump’s son in law, Jared Kushner, is working with Soros and Right-wing sodomite Peter Thiel, as we read from a report from Fox Business:

Jared Kushner, the president’s son-in-law and senior adviser, is currently in business with Goldman Sachs Group Inc. and billionaires George Soros and Peter Thiel, according to people familiar with the matter and securities filings.

The previously undisclosed business relationships with titans of the financial and technology worlds are through a real-estate tech startup called Cadre that Mr. Kushner cofounded and currently partly owns.

Goldman and Messrs. Soros and Thiel, as well as other billionaires’ firms, also have stakes in the company, which is based in a Manhattan building owned by the Kushner family’s company, according to people close to Cadre.

The masses who followed Trump said that they were voting to defeat “the elites,” but the reality is, they have not defeated anyone. The elites are still there, wanting the masses to look to a “boogeyman” — like the migrants — making you think you are patriotic, when you are — to them — just a slave.

Click Here To Donate To Keep This Website Going