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Many Voices, One Freedom: United in the 1st Amendment

March 29, 2024

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President Trump made a strategic move Monday to effectively end asylum for any illegal alien who arrives at the U.S.-Mexico border. Yes the change is in fact an enormous shift in U.S. immigration policy which could potentially block hundreds of thousands of people from seeking protection in the United States. But it was by design strategic in nature because it also set into place a ‘strategic deterrent’ to terminate one of the key option opportunities used by illegals to attempt to gain entry into this country. The opportunity to request asylum. And yes, as expected is has already drawn a number of legal challenges.

Americans and those who seek to make issue of the President’s revised policy, as well as those who might request asylum need to understand the underlying specifics for the policy. First, the new rule, was essentially announced through its official publishing in the U.S. Federal Register. So from the standpoint of a surprise, that is really not the case, as it has gone through the bureaucratic process for weeks since President Trump signed the revision. In fact, it was really nothing new, just a reiteration of the current law.

The revisions set take effect today, Tuesday, would bar asylum claims for nearly all migrants from any country. The key premise is nothing new, it basically says it would do so by prohibiting claims from anyone who has passed through another country enroute to the U.S. — which essentially would cover all illegals, other than Mexican residents. Further, it should be noted that only in rare cases, such as when an illegal immigrant applies for asylum elsewhere and is denied, would the person be eligible to apply for protection in the U.S.

The strategic aspect of this policy is more than obvious, that this was done to provide a deliberate and necessary solution to stem the tide of the overwhelming crisis which has been orchestrated and implemented by the numerous international Socialist and Communists for the sole purpose of hurting this President. Because of the magnitude of this crisis is condoned wholeheartedly by the Democrat Party, the rule would, in effect, nearly wipe out U.S. asylum law, which establishes a legal right to claim protection for anyone who arrives at the U.S. border, and can legitimately make a case that they face torture or political or religious persecution in their country of resident and origin. The law applies regardless of how any illegal reaches the U.S. border.

Further, the revision essentially voids the current law which provides a major exception in cases in which the U.S. has negotiated a “safe third country” agreement with other governments. Under those agreements, such as the one the U.S. has with Canada, illegal immigrants must apply for asylum in “the first safe country” they reach and or enter. As a result, the new proposal would short-circuit that, effectively requiring illegals to apply in any country they land in, whether the U.S. formally considers that country safe or not, but in a number of cases there are exceptions. It should be understood, that those countries are those that the U.S. has Embassies or Consulates, or other political affiliated representation.

It should also be understood that the new or revised rule was issued by the Departments of Justice and Homeland Security, which administer the U.S. asylum system, and it was written to take effect immediately when it formally goes into effect on Tuesday, July 16, 2019. It would apply only to those arriving to the U.S., not migrants already in the country.

Of course, the Democrats and the political-left are beside themselves claiming the sweeping change has now drawn an immediate threat of a legal fight.

As we saw on Monday, similar comments such as; “this rule is inconsistent with both domestic and international law, and we intend to sue immediately to block it.” “If allowed to stand, it would effectively end asylum at the southern border and could not be more inconsistent with our country’s commitment to protecting those in danger.”

While, the revised rule would most directly affect Central American illegals, that account for most of a recent surge in illegals arriving at the border. But it applies to residents of any nation, nationality, ethnicity, including the large numbers of Haitians, Cubans, Africans those from any country who transit South and Central America and Mexico in order to claim asylum at the U.S. border.

With limited exceptions, according to the new the rule, any illegal alien who enters or attempts to enter the United States across the southern border after failing to apply for protection in a third country outside the alien’s country of citizenship, nationality, or last lawful habitual residence through which the alien transited enroute to the U.S. is ineligible for asylum.

Also understand, the other direct impact of the rule would place a significant burden on Mexico, which has already been inundated with a record number of asylum requests. U.S. asylum law allows protection for people who can show they fear persecution based on race, religion, nationality, political views, or membership in a particular social group in their home country and or country of origin.

In coordination and cooperation last month between the U.S. Government and Mexico, both nations agreed to ramp up its immigration enforcement, and in exchange, President Trump agreed to hold off on imposing tariffs on Mexican imports for at least 45-days. Many in Mexico reacted angrily on Monday, saying Trump had reneged on that agreement and had unilaterally imposed a policy that would hurt Mexico.

The rule was necessary to immediately address humanitarian challenges at the border, and would serve as a deterrent for illegals crossing through Mexico which is an arduous and dangerous journey.

The new proposal includes some exceptions: If a migrant has been trafficked, has applied for protection in a prior country and was denied or has passed through a country that is not a signatory to the primary international treaties governing refugees. Mexico and all the countries of Central America have signed those treaties, however.

Certainly, the new law is one of the most aggressive attempts by President Trump to both counter and curb the onslaught and surge of illegal invaders into the U.S.  This follows previous efforts in which the administration stepped-up enforcement in order to crack down on illegal immigration, again, all orchestrated by the President’s opponents and their financial backers and stalwarts.

It needs to be understood that the U.S. Immigration courts are backlogged by more than 800,000, and perhaps as high as 900,000 cases, meaning many people won’t have their asylum claims heard for years despite the Trump administration hiring of more judges. In less than ten years asylum claims, and those granted more than doubled and most of those in the past two years – encouraged and implemented by the political-left.

Meanwhile, conditions have worsened for illegal immigrants who make it over the border, further contributing to the crisis. The Department of Homeland has worked overtime to ensure every effort was tried to mitigate the situation.

Despite what is being said by the Democrats and their stalwarts on the political-left and in the mainstream media, America is an extremely compassionate, generous and welcoming country. As it is, we take in over a million people every year. We have immigrants from all over the world, of all ethnicities, and races, and we’re proud of that.

However, we are also a sovereign nation, with laws that in place to protect our citizens from all asymmetric threats (safety, health, economic, terrorists, crime, etc.) and we have the right to both defend our borders, and to know who enters them.

Because of our Constitution and the laws — we need not and will not apologize for that, nor cease in our efforts to secure them to keep our people safe and secure. This is but one of President Trump’s main campaign promises. American taxpayers deserve to have their elected officials represent their interests first, not those of illegal aliens, regardless of their country of origin. Both American citizens and legal immigrants to this country understand this, but unfortunately the Democrats, in their craven attempt to secure these new arrivals as a perpetually “dependent voting block” refuse to put their citizen constituents first.

We still have homeless veterans, elderly, and children citizens in our country, as well as a devastating and a massive drug addiction problem, which drives and contributes to poverty and rampant violence, we simply cannot condone such irresponsible actions, behavior, or decision-making, either through corrupt, inept, or misguided legislation, based false narratives and disinformation.

The U.S. has faced an unprecedented number of illegal aliens crossing the southern border this year, leading to overcrowding in detention centers and a backlog in immigration courts. President Donald Trump has called the situation both a humanitarian and national security crisis. It is just that and it is in fact a crisis of epic proportions.  Image: Heinz-Peter Bader / Reuters

  • Col. Jim Waurishuk

    Jim Waurishuk is a retired USAF Colonel, serving nearly 30-years as a career senior intelligence and political-military affairs officer and special mission intelligence officer with expertise in strategic intelligence, international strategic studies and policy, and asymmetric warfare. He served as a special mission intelligence officer assigned to multiple Joint Special Operations units and with the CIA’s Asymmetric Warfare Task Force and international and foreign advisory positions. He served as Deputy Director for Intelligence for U.S. Central Command (USCENTCOM) during the peak years of the wars in Afghanistan, Iraq, and the Global War on Terrorism. Waurishuk is a former White House National Security Council staffer and a former Distinguished Senior Fellow with the Atlantic Council, Washington, D.C. He served as a senior advisor to the Commander U.S. Special Operations Command (USSOCOM) and served as Vice President of the Special Ops-OPSEC. Currently, he is the Chairman of the Hillsborough County (FL) Republican Executive Committee and Party and serves on the Executive Board of the Republican Party of Florida.

MANY VOICES, ONE FREEDOM: UNITED IN THE 1ST AMENDMENT

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