3 ms·

It’s illegal to apply for asylum?

downandout 8y ago
It's illegal to enter the country without prior authorization, period. See [1]. The rise in families being separated is being driven by the Trump administration's stepped up enforcement of existing immigration law when it comes to illegal border crossings. [1] https://www.washingtonpost.com/news/fact-checker/wp/2018/06/19/the-facts-about-trumps-policy-of-separating-families-at-the-border/?noredirect=on&utm_term=.e823bc7faa9a https://www.washingtonpost.com/news/fact-checker/wp/2018/06/...
IanDrake 8y ago
It’s not, but sneaking into a country is different than walking into a border checkpoint or embassy to request asylum.
- ceejayoz 8y ago
  Not where the US Code is concerned. https://www.law.cornell.edu/uscode/text/8/1158 https://www.law.cornell.edu/uscode/text/8/1158 > 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...
  - AndrewKemendo 8y ago
    Thanks for the link, however the sub-sections are very important because subsection (a) and (e) are exactly what the Attorney General are arguing on top of if I understand correctly. In this case the Atty General could claim that it is in the public interest to take in every unaccompanied alien child (defined as such by law [1]) - however that means that every child would basically go to the foster system while their parents were deported. Perhaps that is what is happening, I'm not sure. In either case, the unaccompanied child and the adult in this case have different processes that the DOJ and in the case of children Health and Human Services, have guidelines to follow. [1] https://www.law.cornell.edu/uscode/text/6/279#g https://www.law.cornell.edu/uscode/text/6/279#g
  - IanDrake 8y ago
    You’re right of course, it’s refugee status that can be applied for at an embassy. Which is slightly different, but none the less alternative legal means.
leftistcensor03 8y ago
you apply for asylum legally at a port of entry, like every one else. hopping the border and evading customs is illegal, and bringing your kids with you is not a get out of jail free card. it's really that simple. how do you not see this as an untenable immigration policy and disrespectful to people immigrating here legally?

It's illegal to enter the country without prior authorization, period. See [1]. The rise in families being separated is being driven by the Trump administration's stepped up enforcement of existing immigration law when it comes to illegal border crossings. [1] https://www.washingtonpost.com/news/fact-checker/wp/2018/06/19/the-facts-about-trumps-policy-of-separating-families-at-the-border/?noredirect=on&utm_term=.e823bc7faa9a https://www.washingtonpost.com/news/fact-checker/wp/2018/06/...

IanDrake 8y ago

It’s not, but sneaking into a country is different than walking into a border checkpoint or embassy to request asylum.

ceejayoz 8y ago
Not where the US Code is concerned. https://www.law.cornell.edu/uscode/text/8/1158 https://www.law.cornell.edu/uscode/text/8/1158 > 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...
- AndrewKemendo 8y ago
  Thanks for the link, however the sub-sections are very important because subsection (a) and (e) are exactly what the Attorney General are arguing on top of if I understand correctly. In this case the Atty General could claim that it is in the public interest to take in every unaccompanied alien child (defined as such by law [1]) - however that means that every child would basically go to the foster system while their parents were deported. Perhaps that is what is happening, I'm not sure. In either case, the unaccompanied child and the adult in this case have different processes that the DOJ and in the case of children Health and Human Services, have guidelines to follow. [1] https://www.law.cornell.edu/uscode/text/6/279#g https://www.law.cornell.edu/uscode/text/6/279#g
- IanDrake 8y ago
  You’re right of course, it’s refugee status that can be applied for at an embassy. Which is slightly different, but none the less alternative legal means.

leftistcensor03 8y ago

you apply for asylum legally at a port of entry, like every one else. hopping the border and evading customs is illegal, and bringing your kids with you is not a get out of jail free card. it's really that simple. how do you not see this as an untenable immigration policy and disrespectful to people immigrating here legally?