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What Do Trump’s Executive Orders Really Mean? Part 3/3
By Josh Leach on January 27, 2017
This series looks at the recent executive orders on immigration the Trump administration signed. Many, however have been left wondering what the actual impact of the new executive actions will be in practice. We hope this three-part executive order series of what we know so far will be helpful in finding answers. Click here to read parts one and two.
Trump’s executive orders will likely result in the return of asylum-seekers from Central America, Africa, Haiti, and elsewhere to persecution and possible death.
Trump’s orders call for the completion of a physical barrier along the U.S.-Mexico border as well as a variety of increased enforcement and surveillance mechanisms. The authority for such a “wall” already exists on paper, in the form of the 2006 “Secure Fence Act,” and there are already 650 miles of fencing along parts of the U.S.-Mexico border. Additionally, Trump’s orders call for the hiring of 5,000 additional Customs and Border Protection (CBP) agents.
- The erection of a complete “wall” on the border would undoubtedly force more people in need of livelihood and safety to attempt even more perilous border crossings, by sea or tunnel, that would place their lives at risk. It will also make it far more difficult in practice for asylum-seekers to petition authorities for refuge. The southern U.S. border is already among the most heavily patrolled, monitored, and militarized national frontiers in the world—a fact that has forced many desperate migrants and refugees to employ increasingly hazardous means to cross the border, resulting in thousands of deaths and disappearances in the borderlands.
- Trump’s executive orders direct authorities to detain every migrant and asylum-seeker until their removal proceeding is completed. This eliminates the discretionary power of border agents to release some people when they deem appropriate (a practice that has been misleadingly dubbed “catch and release”). Such a policy will result in a massive expansion of the detention system, even as it runs up against the fact that the detention of children in family units has already been ruled unlawful multiple times in federal courts.
- Asylum-seekers will most likely see their claims for protection rejected at far higher rates under the impact of these executive orders. The executive branch will try to remove people at an ever faster rate and reduce the burden on limited bed space in the detention centers. Asylum-seekers at the border already have to navigate an arcane screening process that is fundamentally lacking in due process. Their fates rest in the hands of asylum officers who can judge their claim for protection to be unfounded and order their return, without the asylum-seeker ever having a chance to present their case before an immigration judge.
As president, Trump has broad discretion to issue guidance to asylum officers in making credible fear determinations, and the orders include the alarming instructions to judge fear claims in “a manner consistent with the plain language” of applicable law—which in this context, means that asylum-seekers from Central America (whose lives are often in danger at the hands of criminal networks and corrupt state actors back home, but who may not fit the narrow refugee definition) will be excluded from protection in the U.S. and sent back, possibly to their death.
With these executive orders, President Trump has signaled his reckless and callous disregard for the lives, futures, and families of our immigrant neighbors and siblings. UUSC will resist these depraved efforts to undermine the values of this country and of the world community.