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Hillary's Demand to Send Children Back to Central American Violence Means Ending Asylum Totally
http://www.vox.com/2014/6/19/5819076/hillary-clinton-deport-send-back-message-asylum-unaccompanied-expedited-border"We have to send a clear message: just because your child gets across the border doesn't mean your child gets to stay," Clinton said at a CNN-hosted town hall.
But there's one big problem with Clinton's proposal. About half of the children coming over the border could qualify for humanitarian protection under international or US law — although it often takes years to resolve this. Acting quickly and decisively, as Clinton wants, would basically mean ending the asylum process in the United States as we know it.
snip
Subjecting child migrants to "expedited removal," like adults
The proposal: Short of attempting to seal the border entirely, the most efficient way to send child migrants back to Central America en masse would be to expand the use of "expedited removal" — a form of deportation that doesn't include a hearing in front of an immigration judge.
In theory, expedited removal can't be used for immigrants who claim to be eligible for asylum — but without legal representation, an immigrant might not necessarily understand his or her options. (Expedited removal is currently used to deport most adult immigrants who are caught along the US/Mexico border.)
"to use expedited removal, congress would have to change the law — or Obama would have to break it"
The problem: It wouldn't be legal. The 2008 Trafficking Victims Protection Reauthorization Act prohibits expedited removal from being used on children under 18. So in order to use expedited removal for child migrants, either Congress would have to change the law, or the Obama administration would have to break it.
Homeland Security Secretary Jeh Johnson confirmed on April 24th that the administration believes expedited removal is illegal. So amending current law would be up to Congress.
And just as with "sealing the border," changing the law and then applying it retroactively raises basic concerns about the rule of law. "We are obligated to apply the existing laws and to permit children to apply for the protections and remedies provided for them under the law," says law professor Musalo.
snip
But there's one big problem with Clinton's proposal. About half of the children coming over the border could qualify for humanitarian protection under international or US law — although it often takes years to resolve this. Acting quickly and decisively, as Clinton wants, would basically mean ending the asylum process in the United States as we know it.
snip
Subjecting child migrants to "expedited removal," like adults
The proposal: Short of attempting to seal the border entirely, the most efficient way to send child migrants back to Central America en masse would be to expand the use of "expedited removal" — a form of deportation that doesn't include a hearing in front of an immigration judge.
In theory, expedited removal can't be used for immigrants who claim to be eligible for asylum — but without legal representation, an immigrant might not necessarily understand his or her options. (Expedited removal is currently used to deport most adult immigrants who are caught along the US/Mexico border.)
"to use expedited removal, congress would have to change the law — or Obama would have to break it"
The problem: It wouldn't be legal. The 2008 Trafficking Victims Protection Reauthorization Act prohibits expedited removal from being used on children under 18. So in order to use expedited removal for child migrants, either Congress would have to change the law, or the Obama administration would have to break it.
Homeland Security Secretary Jeh Johnson confirmed on April 24th that the administration believes expedited removal is illegal. So amending current law would be up to Congress.
And just as with "sealing the border," changing the law and then applying it retroactively raises basic concerns about the rule of law. "We are obligated to apply the existing laws and to permit children to apply for the protections and remedies provided for them under the law," says law professor Musalo.
snip
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