President Donald J. Trump Is Upholding The Rule Of Law and Ensuring Consequences for Those Who Illegally Cross Our Border

Trump, Pentagon leaders honor 9/11 victims President Donald Trump speaks during the 9/11 Observance Ceremony at the Pentagon in Washington, D.C., Sept. 11, 2017. To the right is Secretary of Defense Jim Mattis. Photo credit: U.S. Air Force Tech. Sgt. Brigitte N. Brantley, Public Domain www.flickr

“Illegal aliens will no longer get a free pass into our country by lodging meritless claims in seeking asylum. Instead, migrants seeking asylum will have to present themselves lawfully at a port of entry” – President Donald J. Trump

PROTECTING OUR NATIONAL SOVEREIGNTY: President Donald J. Trump will take action to ensure asylum is not a free pass to cross our borders illegally without consequence.

  • President Trump will use the authority granted to him by the Immigration and Nationality Act to manage and protect the integrity of our immigration system and our national sovereignty.
    • Section 212(f) of the Immigration and Nationality Act states plainly: “Whenever the President finds that the entry of any aliens or of any class of 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.”
    • Section 215(a) of the Immigration and Nationality Act similarly states: ““Unless otherwise ordered by the President, it shall be unlawful for any alien to depart from or enter or attempt to depart from or enter the United States except under such reasonable rules, regulations, and orders, and subject to such limitations and exceptions as the President may prescribe.”
    • Just this June, the Supreme Court upheld the President’s broad statutory authority to implement entry restrictions.
  • President Trump will sign a proclamation declaring that migrants seeking asylum along the southern border must present themselves lawfully at a port of entry.
  • Those who arrive at a port of entry will remain eligible for asylum and additional resources are being deployed to support our ports of entry.

UPHOLDING THE RULE OF LAW: The Trump Administration is rightfully and fully restoring the rule of law on our southern border.  

  • Prior to the President’s proclamation, the Department of Homeland Security (DHS) and the Department of Justice (DOJ) jointly issued a new rule to ensure aliens who are subject to the kind of proclamation that the President issued are not eligible for asylum.
  • As a result of the new joint rule and the President’s proclamation, any alien who illegally enters our country will be ineligible for asylum.
  • Together with President Trump’s proclamation, this rule will deliver consequences for those who illegally cross our border.
  • These bold actions will ensure that those seeking asylum respect our laws and our border.

RESPONDING TO THE BORDER CRISIS: Our nation is experiencing an unprecedented crisis on our southern border, driven in part by fraud and abuse that has overwhelmed our asylum system.

  • Our overwhelmed asylum system is contributing to this growing crisis by encouraging aliens with meritless claims to illegally cross our border, claim “credible fear,” and then be released.
    • Aliens are often coached to repeat the “magic words” to meet the initial low bar for credible fear.
  • Prior to 2013, around one in every 100 arriving aliens claimed credible fear and sought asylum, but today that number has spiked to one in 10.
    • These claims have jumped by around 1,700 percent in the last nine years.
  • There has been an overwhelming surge in aliens from Guatemala, Honduras, and El Salvador (the Northern Triangle) arriving at our border to claim credible fear.
    • Most migrants from the Northern Triangle do not have valid asylum claims, but they are released into the country because our asylum system has become overwhelmed.
    • Nearly two-thirds of aliens who claim credible fear are from the Northern Triangle.
  • Asylum seekers know they will be released into the country and receive work permits while their often meritless claims go through our backlogged immigration courts.
  • Last year, nearly half of the cases completed involving aliens who claimed a credible fear resulted in failures to show up at a hearing or to file an application for asylum.