General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsIs it actually illegal to seek asylum??
I don't understand how is someone a criminal by simply applying for asylum?
according to
https://www.americanimmigrationcouncil.org/research/asylum-united-states
What Is the Asylum Application Process?
There are two primary ways in which a person may apply for asylum in the United States: the affirmative process and the defensive process. Asylum seekers who arrive at a U.S. port of entry or enter the United States without inspection generally must apply through the defensive asylum process. Both processes require the asylum seeker to be physically present in the United States.
So how is someone supposed to legally apply for asylum in Trump's world? Because they seem to be treated like criminals by simply applying for asylum.
Presumably, you should be able to apply and then get denied or accepted. What happened to that part? People are criminals just for applying????
unblock
(52,248 posts)at least in the republican nazi russian framework....
Roland99
(53,342 posts)brooklynite
(94,591 posts)Youre supposed to show up at a border station (youre still in Mexico unless they admit you) and apply there. Whats largely happening today is, people are crossing the border and THEN turning themselves in to apply (or Requesting asylum when they get caught).
SunSeeker
(51,571 posts)There is a 12 day wait at border checkpoints right now just to be seen by someone. These people have nothing, no shelter, no food. All they have is each other.
If you manage to survive 12 days outside a checkpoint with no food or water, and actually see someone to declare you are seeking asylum, then you will be ripped from your precious babies and jailed for any infraction they determine you might have committed. You will suffer the mental anguish of not knowing where your child is. Or worse, hearing them screaming on the other side of the wall and not being able to do anything about it. This separation recently drove one asylum-seeking father (that we know of) to suicide in his cell after ICE literally ripped his toddler from his arms. https://theslot.jezebel.com/we-have-a-policy-of-separating-families-at-the-border-1826916018
Put yourself in their shoes. What would you do? Sit there waiting for 12 days or weeks only to have your child ripped away from you? Or would you try to continue your journey to its destination, an American farm field or fast food kitchen, where you can feed your family and maybe get the help of friends or relatives in America?
Ms. Toad
(34,074 posts)crossing the border between official entry points is a misdemeanor (even if you are seeking asylum).
I agree that Trump has made it nearly impossible to apply for asylum (por or not). While I would absolutely take the risk, in their shoes, that does not alter the fact that crossing at other than official entry points is a misdemeanor.
It is also important for liberals to know what the crime is - to counter the right wing nuts who make inappropriate analogies to US citizens sent to jail for crimes (we take their children from them - why should immigrants fare better).
The reality is that we don't generally jail citizens who have merely been arrested for a misdemeanor (punishable by $50 - $250 fine, and no more than 6 months in jail) and detain them while they are waiting trial.
It is the assinine policy of incarcerating all misdemeanor border crossers (zero tolerance) that Trump et al claims requires separation. His acolytes contend we to the same to US citizens. To the extent there is any similarity, it generally does not arise immediately upon arrest for a misdemeanor.
SunSeeker
(51,571 posts)Trump has made it impossible to "legally" ask for asylum at the Mexican border. What he is doing, kidnapping children of asylum seekers, is a crime against humanity. And here we are parsing whether these poor people have committed a misdemeanor by crossing the border and then seeking asylum rather than die waiting weeks at a closed CBP checkpoint in 100 degree heat.
Good grief.
Lars39
(26,109 posts)The Velveteen Ocelot
(115,732 posts)through the designated checkpoints. Desperate people were camping out on a bridge at a port of entry for weeks and then turned away. DHS has intentionally made it impossible for asylum-seekers to follow their rules.
lame54
(35,293 posts)the administration is claiming lack of budget
how convenient since it was them that cut the budget
LeftInTX
(25,366 posts)But they are closing crossing points, so they are crossing near the checkpoint. Crossing outside crossing points is a misdemeanor. You can still be given asylum and convicted for the misdemeanor. (Kinda like trespassing)
I'm sure it's a misdemeanor for US citizens too. Custom agents make inspections of US citizens and their stuff they bring back.
SunSeeker
(51,571 posts)Please don't post right wing talking points.
Please read what is really happening: https://theslot.jezebel.com/we-have-a-policy-of-separating-families-at-the-border-1826916018
LeftInTX
(25,366 posts)They keep telling them that they don't have the staff. Eventually after several days, families give up and try crossing near the site.
I hear this on NPR. The odds are this is what is happening so that Trump can claim what he is doing is "legal".
Gothmog
(145,293 posts)This is part of international law
treestar
(82,383 posts)Like Nielsen was; ranting on about illegal entries when they are different from people who come and turn themselves in to apply for asylum, basically.
Maeve
(42,282 posts)And it's in US territory...but if you are on US territory without legal papers, you are here illegally, so no asylum!
And you thought Catch-22 was twisted....