Several Republican members of Congress plan to introduce bills to change asylum laws to close loopholes used by the growing number of illegal immigrants in the country.
The United States has faced an increasing influx of migrants from the Central American countries of El Salvador, Guatemala, and Honduras, which struggle with high levels of poverty and violence.
Since the influx began to intensify in 2012, more than 1.4 million of people from these three countries were caught at the southern border after crossing illegally, with half a million of those having been caught in the past 18 months. About two-thirds of them were children or adults with children.
Credible Fear
First, the standard for the initial evaluation of an asylum claim needs to be raised. The current test consists of questioning the migrant on whether he or she has “credible fear” of death or persecution in the country of origin based on religion, political views, sex, or ethnicity.But human smugglers, and even lawyers working for certain non-profits, are instructing the migrants on what to say in order to pass the test.
Sometimes people from completely different regions would tell the exact same story, according to Ramiro Cordero, Border Patrol Special Operations Supervisor in the El Paso Sector.
“If you want to say that they are being coached to have that story to make an attempt at being the recipients of credible fear—yes,” he said in a prior phone call.
President Donald Trump recently joked about the ease of passing the test.
Graham acknowledged the rules need to change.
Family Detention
Another problem is the 1997 Flores v. Reno settlement and several subsequent court decisions which, among other restrictions, prevent authorities from detaining child illegal aliens beyond 20 days. Since their cases can’t be adjudicated this fast, the children are released with a family member or other guardian. If the children came as a part of a family unit, the whole family gets released.“The word is out on the street in these countries that if you bring a minor child with you, you’re never going to get deported,” Graham said.
The solution would be to allow the government to detain families somewhat longer, 4–8 weeks, which would give the government enough time to push their cases through the courts, according to acting Homeland Security Secretary Kevin McAleenan.
Repatriating Children
Lastly, the Trafficking Victims Protection Reauthorization Act of 2005 needs to change to allow repatriation of children to countries that don’t share a border with the United States, which the law prohibited due to human trafficking concerns.“For unaccompanied children, we have government partners in the Northern Triangle—El Salvador, Guatemala, Honduras—who are ready to take children back and handle that humanely,” McAleenan said. “Those are their citizens they believe they have a responsibility for and we’re not allowed to do that under the law, under the Trafficking Victims Protection Reauthorization Act.”
Top Democrats from the House and Senate Homeland Security committees, Sen. Gary Peters (D-Mich.) and Rep. Bennie Thompson (D-Miss.), didn’t respond to requests for comment.