According to a legally binding decision from Attorney General William Barr, immigration judges aren’t allowed to release migrants that are caught sneaking into the United States. Barr’s decision will cause a dramatic shift of the civic and housing crises from the country’s blue-collar communities to the Congress and the Department of Homeland Security, whose budget only has enough resources to house approximately 50,000 a year. According to Barr’s decision, which was titled Matter of M-S-, “The [text of the relevant] Act provides that, if an alien in expedited proceedings establishes a credible fear, he “shall be detained for further consideration of the application for asylum.” He continued by saying that because of the law, “I order that, unless DHS paroles the respondent under section 212(d)(5)(A) of the Act, he must be detained until his removal proceedings conclude.”
Greg Chen, the director of government relations at the American Immigration Lawyers Association, said: “This is a HUGE ruling that will harm thousands seeking protection from persecution at the US border since far more will be held in detention even after passing the threshold screening under the credible fear standard.” The lawyers for the AILA earn their money by guiding corporate hiring managers and migrants through the strenuous process of migration laws and regulations. But now, Barr’s new policy will block the path that is typically used to help those migrants that are trying to get into U.S. jobs that they need to repay the cartel for their smuggling fees.
Barr told officials to wait 90 days before implementing the new law, this way, DHS managers and congressional leaders will have three months to decide which migrants can be released into the community. It also allows DHS enough time to arrange for tent cities to be set up so the migrants have a place to go while the judges decide their asylum cases. If DHS decides to detain most of the migrants, causing them not to find work, then those that are thinking about coming over next, may think twice about the financial disaster they could be putting their families into.
Barr had to make his decision amongst the crossfire between President Trump’s deputies and the progressive federal judges who are pro-migration. Because of those judge’s resistance, many of President Trump’s policies have been blocked and delayed, but Trump’s deputies are expected to win most of the rulings if the Supreme Court ever chooses to make a decision for each dispute. Barr’s new ruling doesn’t apply to a lot of the migrant minors from the “UAC” who are being smuggled by their parents who are living illegally in the United States. The ruling also doesn’t apply to those that walk up to official ports of entry to ask for asylum. But for those that choose to come into the country illegally, well, they could be held for several months or even years, unless they are formally released by DHS leaders.
Barr’s decision will prevent judges and lawyers from using their power to allow illegal migrants to be released on bonds to illegally work in the United States. The decision also encourages migrants to apply for asylum legally through the ports of entry, as opposed to sneaking across the border. Barr’s decision also doesn’t overthrow the Flores decision by the California Ninth Circuit Court of Appeals in 2015, which allows migrants to be released if they have children. In the meantime, federal agencies are drafting a regulation in an attempt to overcome the Flores ruling.
Barr’s decision stems from the treatment of a migrant from India, who was a cheap laborer hired by the expanding population of legal Indian immigrants. “The respondent here is a citizen of India. He traveled to Mexico and crossed illegally into the United States. He was apprehended within hours about 50 miles north of the border. DHS placed him in expedited removal proceedings,” started Attorney General Barr.
Barr continued by saying: “After the respondent claimed a fear of persecution in India, DHS referred him for an asylum interview. The asylum officer determined that the respondent lacked a credible fear, but, at the respondent’s request, DHS reconsidered and reversed its determination. DHS then transferred the respondent to full proceedings. Upon his transfer, DHS issued the respondent a Notice to Appear (DHS Form I-862) and a Notice of Custody Determination (DHS Form I-286), the latter of which informed the respondent that, “pending a final administrative determination in your case, you will be . . . [d]etained by the Department of Homeland Security.” The respondent requested that an immigration judge review that custody determination. Without mentioning section 235(b)(1)(B)(ii), the immigration judge held that the respondent “is not subject to mandatory detention.” Matter of M-S-, Order on Motion for Custody Redetermination at 2 (Immig. Ct. July 18, 2018). The immigration judge ordered that the respondent be released if he could produce a valid Indian passport and post a bond of $17,500. Id. at 3. The respondent appealed to the Board, arguing that his bond should be reduced.”
“A different immigration judge agreed, but increased the respondent’s bond to $27,000. Matter of M-S-, Order on Motion for Custody Redetermination at 2 (Immig. Ct. Sept. 17, 2018). The respondent posted that amount and was released on September 27, 2018. Here, despite the respondent being bond ineligible, the second immigration judge ordered DHS to release him on a bond of $27,000. The respondent posted that bond in September 2018, and was released from custody. I reverse the order granting bond to the respondent. I order that, unless DHS paroles the respondent under section 212(d)(5)(A) of the Act, he must be detained until his removal proceedings conclude.”
Migration lawyers, like Angelo Guisado, were obviously not happy about Barr’s ruling, saying: “We detain over 440,000 noncitizens each year. FY 2018, Congress approved 40,520 detention beds, though the daily average is closer to 45,000. As of March, ICE had 50,049 people in custody. Trump aims to make it to 60,000, and this abomination of a decision will help get him there,” said Guisado.
Every single year, there are roughly four million young Americans who have recently graduated and are ready to join the workforce. Sadly, the federal government allows approximately 1.1 million legal immigrants into the country, adding even more people to the 1.5 million white-collar guest workers, the 500,000 blue-collar visa workers, as well as the eight million illegal workers and migrants. This flooding the market with blue-collar foreign labor and cheap white collar graduates allow investors to feel the economic benefits.
