Trump Immigration Policies Contribute To Political Division, Border Crisis

Trump Immigration Policies Contribute to Political Division, Border Crisis

US President Donald Trump began implementing reforms in the US immigration system in 2018 as a means to deter illegal immigrants from entering the United States, block caravans of thousands of Central American asylum seekers and boost votes for Republicans in the midterm elections.

WASHINGTON (Pakistan Point News / Sputnik - 27th December, 2018) US President Donald Trump began implementing reforms in the US immigration system in 2018 as a means to deter illegal immigrants from entering the United States, block caravans of thousands of Central American asylum seekers and boost votes for Republicans in the midterm elections.

The Trump administration's moves to reform the US immigration system were aggressively challenged by Congressional Democrats in the public arena and the courts.

TRUMP'S FEUD WITH DEMOCRATS OVER BORDER WALL FUNDING

Most recently, an intense exchange occurred at the White House on December 11 between Trump and Democratic congressional leaders on issues concerning the president's proposal to build a wall on the US border with Mexico - his central campaign pledge - to block illegal immigrants and criminals from entering the United States.

House of Representatives Minority Leader Nancy Pelosi and Senate Minority Leader Chuck Schumer said they support border security, but do not want to allocate the $5 billion to the wall that Trump has requested.

"If we don't get what we want one way or the other, whether it's through you, through a military, through anything you want to call, I will shut down the government," Trump said. "I am proud to shut down the government for border security ... because the people of this country don't want criminals and people that have lots of problems and drugs pouring into our country."

In August, Trump said the United States had already spent $3.5 billion erecting portions of the wall on its southwestern border with Mexico.

By mid-December, a GoFundMe campaign started by a military veteran Brian Kolfage has accumulated more $5.5 million in donations going toward building the border wall.

The "We the People Will Fund the Wall" campaign has made headlines across the United States as an increasing number of Americans began to donate to help reach the goal of collecting $1 billion for the border wall.

The feud over funding for the border wall has led to a government shutdown as of December 22 after the Senate failed to secure the 60 votes needed to approve a House of Representatives-passed spending bill, which included $5.7 billion in funding for the wall.

In a video message over Christmas, Trump vowed that the partial government shutdown would not end until Congress approves the funding for the border wall.

ENVIRONMENTAL GROUPS PUSH BACK AGAINST BORDER WALL

Various groups challenged the Trump administration in court to prevent the building of the border wall based on environmental considerations, but the administration appealed to the country's High Court and was ultimately successful.

The Animal Legal Defense Fund, Defenders of Wildlife and the Center for Biological Diversity (CBD) sued the Trump administration in October for waiving 28 conservation laws in order to expedite construction of the border wall in the Rio Grande Valley in the US state of Texas, the CBD said in a news release.

"Today's filing in US District Court in Washington, DC says the Department of Homeland Security does not have authority to waive the Endangered Species Act, National Environmental Policy Act or other laws that protect clean air, clean water, public lands and wildlife in the borderlands," the release said.

The lawsuit claims that the waiver authority, which was granted in 2006, expired and is an unconstitutional delegation of power to the Department of Homeland Security.

However, on December 3, the US Supreme Court refused to hear an appeal by the three environmental groups, which left in place a lower court ruling that allows the Trump administration to build two segments of a replacement fence and several prototypes for a new border wall.

MIGRANT CHILDREN DIE IN US CUSTODY

Jakelin Caal Maquin, 7, of Guatemala, died on December 8, two days after she was apprehended together with her father for illegal entry into the United States along with a group of 163 undocumented immigrants, according to the US Customs and Border Protection (CBP). She was flown from the New Mexico city of Lordsburg to the nearest trauma center in the Texas city of El Paso, but doctors were unable to save her. Caal had brain swelling and liver failure, according to CBP.

Lawmakers were outraged that CBP failed to obey Federal law requiring the agency to notify Congress within 24 hours that a migrant had died in their custody. Moreover, a delegation of Democratic lawmakers investigating the circumstances of Caal's death found that there was a lack of medical equipment and help available to her during the crucial period she became ill.

Meanwhile, the White House rejected responsibility for Caal's death and said it was a senseless and needless death that was 100 percent preventable.

Attorneys representing Caal's family are calling for a probe into Caal's death that is independent of the DHS Office of Inspector General's investigation. Earlier in December, the Department of Homeland security (DHS) said last week it was investigating the circumstances around Caal's death.

CBP officials said the agency did everything in its power to provide medical care to Caal as soon as they were notified of her condition. CBP also said Caal showed no signs of health issues when they conducted an initial screening after her apprehension.

The attorneys pointed out that Nery Caal said his daughter was in good health prior to crossing the US border. They said the father was attentive to his daughter's needs, ensuring she had enough to eat and drink. The lawyers also noted that they both traveled through Mexico by bus and had walked for hours crossing the US border, not days.

US Congressman Ben Ray Lujan told Sputnik that Democrats will initiate an investigation into Caal's death once they become the majority in the House of Representatives next year.

The second migrant child, eight-year-old Guatemalan boy Felipe Alonzo-Gomez, died on December 24 after becoming ill while in CBP custody. The boy was apprehended with his father for illegal entry on December 18 and began to show signs of illness in the coming days, according to CBP.

The boy and his father were taken to the Alamogordo Border Patrol Station in the US state of New Mexico on December 22 because of capacity issues at the El Paso station, CBP said. Two days after being transferred to New Mexico a CBP agent noticed Alonzo was "coughing and appeared to have glossy eyes," CBP said.

The boy was taken to a local hospital where we was initially diagnosed with a common cold and given Tylenol, however, when he was being evaluated for release, the medical staff found he had a 103 degree fever, CBP said. The child was eventually released from the Emergency Room with a prescription for amoxicillin and Ibuprofen, the agency said.

CBP said they provided Alonzo with the prescribed medicine, but he continued to appear nauseous and vomited. Eventually his father declined further assistance because Alonzo appeared to be feeling better, the agency said.

CBP agents took Alonzo to the hospital after he appeared nauseous again, the agency said. The child vomited and lost consciousness on the ride to the hospital, CBP said. The hospital staff was unable to revive the child and he was pronounced dead a couple of minutes before midnight on December 24, CBP said.

As a result, CBP is conducting secondary medical checks of all children in CBP care and custody with a focus on children under 10 years of age. Moreover, the agency is looking for medical assistance from the US Coast Guard, the Department of Defense and other agencies.

TRUMP ADMINISTRATION SEEKS TO END "SANCTUARY CITIES"

In January 2017, Trump signed an executive order to withhold funds from so-called "sanctuary cities," or towns that refuse to cooperate with the US federal government in providing information on - and apprehending - illegal immigrants.

The executive order was blocked on November 30 when a US judge ruled the Trump administration did not have authority to withhold funding from jurisdictions in seven US states that limit cooperation with federal immigration authorities.

"[T]he Court concludes that defendants did not have lawful authority to impose these conditions," Judge D. J. Ramos said in a court document on November 30. "For the reasons set forth below, Plaintiffs' motion for partial summary judgment is GRANTED, and Defendants' motion for partial summary judgment or in the alternative to dismiss is DENIED."

Similar actions took place in the state of California when a US federal judge ruled in July that the state can keep some of its "sanctuary laws" in place regarding illegal immigrants.

The judge, according to court documents, denied a Justice Department request to block a law giving California officials information about jails holding immigrants in the state.

The Justice Department lawsuit was in response to an incident in which the mayor of Oakland, Libby Schaaf, warned illegal immigrants of impending raids. As a result, more than 800 illegal immigrants with criminal convictions fled before the US authorities could apprehend them.

In March, the US Court of Appeals for the Fifth Circuit overruled a judgment against a Texas law, the Senate Bill 4 (SB4), which prohibits sanctuary city policies in the state, a court filing revealed.

In late November, Mexican authorities said that more than 8,200 asylum-seeking migrants from Central America reached Mexico, with around 7,400 of them staying near the cities of Tijuana and Mexicali just south of the US border in California.

The caravan began its trek in October with more than 1,500 Honduran migrants crossing into Guatemala en route to the United States. Following the Honduran migrants, more caravans followed suit.

The Trump administration responded by deploying active duty military personnel to the border to assist US Customs and Border Protection (CBP). The Defense Department provided support such as reinforcing priority ports of entry in the border states of Texas, Arizona and California. The Defense Department also deployed engineers and military police units, as well as troops who specialize in aviation, medical treatment and logistic.

On November 20, the Defense Department said a total of 5,900 troops had been deployed to the US southern border.

US Defense Secretary James Mattis earlier in December authorized keeping military troops on the border until the end of January.

The situation on the border intensified when on November 25 a group of around 500 of the migrants attempted to storm into the United States, but were thwarted by US authorities with tear gas and rubber bullets.

Amid uncertainty that migrants will be able to apply for asylum in the United States, UN Refugee Agency Americas Spokesperson Francesca Fontanini told Sputnik that 3,800 migrants had applied for asylum in Mexico ever since the first caravan arrived. Many migrants have also started to look for jobs in Tijuana, Fontanini said.

On November 28, CBP told Sputnik it would need about five to eight weeks before the agency could begin processing the applications of asylum-seekers who arrived to Tijuana.

The Trump administration made a late change to US immigration policy on December 20 when DHS announced that asylum seeking migrants who cross the US southwest border will be sent back to Mexico where they must wait a ruling by immigration courts on their asylum applications.

The Mexican Foreign Ministry has indicated that Mexico is prepared to work with the United States to implement this policy to temporarily host asylum-seeking migrant in their country while they await their proceedings.

US PLEDGES $5.8BLN TO ADDRESS ROOTS OF MIGRANT CRISIS

The United States pledged to provide $5.8 billion in aid to El Salvador, Guatemala and Honduras in order to promote economic growth and security, the Department of State said in a press release on December 18.

"The United States is committing $5.8 billion through public and private investment to promote institutional reforms and development in the Northern Triangle," the release said.

Thousands of migrants from Honduras, Guatemala and El Salvador are migrating to the United States to escape poverty and violence in their home countries.

US efforts will focus on promoting security, good governance and prosperity, in line with the Northern Triangle governments' Alliance for Prosperity reform initiative, the release added.

A High-Level Task Force will be appointed in 2019 in order to intensify cooperation between the US, Mexico and other Central American governments in order to "lead our efforts and produce result," the release added.

The State Department and US Agency for International Development (USAID) for their part have already allocated at least $1.8 billion in funds for fiscal years 2015-2018 and have requested another $180 million for fiscal year 2019, the release said.

The bulk of the funds will come through the Overseas Private Investment Corporation (OPIC), the US government's development finance institution. OPIC has already invested more than $1 billion in the region since 2017 and is prepared to spend up to $2.5 billion more if commercially viable projects are identified, the release said.

US COURTS DETER TRUMP EFFORT TO CHANGE ASYLUM RULES

The Trump administration issued a proclamation during the caravan crisis to prevent migrants from applying for asylum if they illegally entered the United States. However, on November 20, a district court in San Francisco blocked the proclamation.

"The rule barring asylum for immigrants who enter the country outside a port of entry irreconcilably conflicts with the INA [Immigration and Nationality Act] and the expressed intent of Congress. Whatever the scope of the President's authority, he may not rewrite the immigration laws to impose a condition that Congress has expressly forbidden," US District Judge Jon Tigar said.

On December 21, the US Supreme Court rejected the Trump administration's request to enforce this policy restricting the asylum process while the case moves through the courts.

The departments of Justice and Homeland Security said the lawsuit is an irrational action in trying to stop the flow of illegal migrants to the United States.

IMMIGRATION ISSUE DURING MIDTERM ELECTIONS

Border Network for Human Rights Executive Director Fernando Garcia told Sputnik the US president used fear-mongering regarding the migrant caravans in the hope it would help the Republican Party avoid a "catastrophic defeat" in the midterm elections on November 6.

"Trump is using this caravan as part of the politics of fear... [before] election day," Garcia said. "That caravan doesn't represent a threat to the United States. It's not coming with terrorists."

At the end of election night on November 6, the Republicans maintained control over the Senate, but lost the majority in the House of Representatives.

In a key Texas US Senate race, Senator Ted Cruz had the advantage in his victory over Democratic startup Beto O'Rourke, experts told Sputnik.

"There are some difficulties explaining his [O'Rourke's] position on ICE [Immigration and Customs Enforcement], and border security - I think that's another liability for him since it's a big issue for Texans and Republicans are riled up by that issue in particular," University of Houston Political Science Professor Brandon Rottinghaus told Sputnik prior to election night.

Cruz campaigned on his tough immigration record including measures to prevent undocumented immigrants from having access to public assistance and benefits. He also took part in measures to triple the size of the CBP agency and to implement a biometric entry-exit system.

O'Rourke, in contrast, has called for an end to the militarization of US immigration enforcement, supports the DREAM Act, which ensures undocumented immigrants brought to the United States as children can have a path to US citizenship.

BACKLASH AGAINST US MIGRANT FAMILIES SEPARATION POLICY

The Trump administration received backlash after its self-described "zero-tolerance" policy toward illegal immigration led to the practice of separating parents and children who had been detained for crossing the US-Mexico border illegally.

On June 26, a federal judge in California issued a preliminary ruling to stop the separation of families at the US border and to immediately reunite children with their parents.

In response to the ruling, the US government identified 2,654 children in Office of Refugee Resettlement custody who potentially met reunification criteria, of which 437 children remained in custody as of September 10, the General Accountability Office (GAO) said in an audit.

The Trump administration took another loss in court on November 8 when the US Court of Appeals for the Ninth Circuit ruled against the administration's effort to rescind the Deferred Action for Childhood Arrival (DACA) program, a court filing revealed.

DACA allows undocumented immigrants who were brought to the United States illegally as children, known as "Dreamers," to stay and work in the United States.

"Upon review, we conclude that plaintiffs are likely to succeed on their claim that the rescission of DACA - at least as justified on this record - is arbitrary, capricious, or otherwise not in accordance with law. We therefore affirm the district court's grant of preliminary injunctive relief," the document said.

The Justice Department has asked the US Supreme Court to review the legalities related to winding down DACA.

The Trump administration had made an earlier attempt to rescind DACA, but a US court ruled in August that the rescission was unlawful and DACA must be fully reinstated.

Moreover, the Trump administration has sought to end the Temporary Protective Status (TPS) of immigrants in the United States from El Salvador, Nicaragua, Sudan, Liberia and Nepal. The administration's efforts have been temporarily blocked by a US federal judge, which protects an estimated 300,000 people who depend on TPS.

On August 2, a bipartisan group of 113 members of US Congress sent a letter to Trump requesting to reinstate TPS for legal immigrants from El Salvador, Honduras and Haiti.

Trump further intensified his immigration reform campaign when he told Axios in October that he could issue an executive order to end citizenship for children born in the United States to parents who have not been naturalized. The US president claimed he would not need Congress to take such action, though birthright citizenship is protected by the 14th Amendment to the Constitution.

The amendment grants citizenship to "all persons born or naturalized in the United States," a provision that has never been examined by the US Supreme Court to determine if the passage applies to illegal immigrants.

US COURT STRIKES DOWN CITIZENSHIP QUESTION

In November, a US judge in the District Court of Maryland rejected the Trump administration's decision to add a citizenship question in the 2020 census, a court document revealed.

"Plaintiffs state a plausible claim that Defendant's decision to reintroduce the citizenship question on the 2020 Census was motivated by discriminatory animus," the document said. "The Defendant's Motion to Dismiss Plaintiffs' Fifth Amendment Equal Protection claim will be denied."

In March, the White House announced that a question about citizenship would be included in the 2020 census forms. Critics argued that many minorities will not respond to the census to avoid answering the question and will be underrepresented in the final tally.

The US Constitution requires the government to count every person living in the United States every 10 years, not just American citizens.