This is the source for my thoughts on the increasing asylum claims. Based upon my reading it isn’t that a high percentage are being granted citizenship, it’s that Obama wasn’t even detaining the families in a lot of cases. I can’t seem to think of another reason why this chart would look like this other than the border simply wasn’t being enforced effectively.
Without getting too deep into political back and forth I think we can all agree that Trump is tougher on the border than Obama. To me that is the reason for the rise in asylum claims from the southern border. As ‘standard’ entry ports are made more difficult, alternative entry methods are being used.
I am not claiming these are effective methods, simply that the method is being used more often. This puts Trump is a bad spot as he attempts to stay tough and as usual he makes a complete mess of the situation.
There is a lot going into this graph.
First - granted asylum claims don't grant citizenship - it doesn't even grant legal permanent residency. It just grants the ability to stay in the country with an immigrant visa. One has to be in country for 1+ years with no criminal activity to be eligible for LPR (green card) and for 5+ years for citizenship (there are some other stipulations, economic and otherwise).
Also, a note on US asylum law:
a) All people have a right to present themselves at a POE (port of entry) and request asylum and receive due process in determining the merit of their claim.
b) From the INA, section 208: Any alien who is physically present in the United States or who arrives in the United States (whether or not at a designated port of arrival) . . . irrespective of such alien's status, may apply for asylum in accordance with this section
It doesn't matter if you present yourself at a POE or cross the border illegally, if you present yourself to an agent of the government within a reasonable amount of time (which has traditionally been interpreted as within the first year), you are guaranteed the right to due process of your asylum claim.
One reason for the spike in apprehensions is Trump's zero tolerance policy. This policy removed any prosecutorial discretion and mandates the arrest and full prosecution of any person who crosses the border illegally (which is being fought in the courts because it directly violates explicit written us law, as does his latest EO that would deny any asylum claim for anyone who doesn't enter at a POE).
With these policies, we are seeing a rise in people who cross to seek asylum not at POE because of several factors:
A) Backlog at POEs - Often the wait at the POEs is several weeks, mainly because CBP is processing asylum claims at an alarmingly low rate - often as few as 3 a day. With no services, inadequate means of lodging, ways to get food - crossing the dessert border is sometimes less risky than just waiting to cross at the POE, which they may not even be allowed to do.
B) Misinformation - Those waiting for asylum are often told that the bridge is closed and are turned away (which is illegal). With no other option, they choose to cross the dessert and present themselves for asylum.
C) The Trump Administration has drastically reduced legal means of immigration. The administration has reduced the ceiling on refugees by 70%, to the lowest is has ever been. It has reduced the numbers for the diversity lottery visas and completely barred several countries from inclusion. It has further restricted the definition of family for PARs limiting who can been petitioned for, and has underfunded the immigration judges who process these cases causing a further backlog. With these channels closed, many are more likely to take the risk of crossing not at a POE and being apprehended.
On the discrepancy between Trump and Obama apprehensions/detentions
As I noted before. The primary practice of the Obama administration was similar to the parole/probation system. Those that requested asylum (at a POE or at apprehension) would be release to the care of a family member in the states or under the supervision of a case manager. The percentage of those who then did not appear for their asylum hearing was very low (especially for those who had a case manager). Trump discontinued this program, despite its success and cost effectiveness in favor of detention.
While there is an increase in asylum seekers, it doesn't necessarily follow that Trump is tougher in immigration in a limiting border crossing sense, he is tougher in a "denying humanity" sense. Also, if you notice 3 of the 5 highest months of apprehensions on your graph happened during the Obama administration.
Further, globally, there are also many more displaced people in the world, which gives rise to that number as well.
