Presidential proclamations cannot take away the right to seek asylum
On Nov. 9 the Department of Homeland Security (DHS) and the Department of Justice (DOJ) published an interim final rule setting the stage for Trump to issue by proclamation a prohibition on asylum for those who cross the southern border without permission.
Shortly thereafter Trump issued a proclamation, which purports to take away the right to asylum from people who cross the border without documents starting on Nov. 10 and lasting for 90 days.
The manner in which someone enters the country has little legal bearing on a persons right to seek asylum. The Board of Immigration Appeals has long held that an aliens manner of entry or attempted entry . . . should not be considered in such a way that the practical effect is to deny [asylum] relief in virtually all cases. Matter of Pula.
Trump lists several reasons for his proclamation, none of which hold up under review. First, he states that most of the individuals traveling in the caravan will not be eligible for asylum, prejudging their cases without any evidence, except the ludicrous claim that because others in the past have not qualified, these new asylum seekers also will not qualify.
According to the governments own numbers, if this policy had been applied in fiscal year 2018, 4,500 people who were granted asylum would have been arbitrarily denied protection and deported. This is a lot of lives the government is playing with.
https://thehill.com/opinion/immigration/417358-presidential-proclamations-cannot-take-away-the-right-to-seek-asylum