Todays Ethical Delimas With Immgration Reform in the United States Peer Reviewed Journals

President Trump's Executive Orders on Clearing and Refugees

President Trump signed iii executive orders the calendar week of January 23 which offend the dignity and threaten the rights of immigrants and refugees both in the U.s.a. and globally. On January 25 at the Department of Homeland Security (DHS), Trump signed executive orders on border security and interior enforcement. On Jan 27, he signed an executive order at the Pentagon on refugees and visa holders from designated nations.

Executive Gild on Border Security

The executive order on edge security, entitled "Edge Security and Clearing Enforcement Improvements," contains several sections which undermine man rights, including the expanded use of detention, limits on access to asylum, enhanced enforcement along the US-Mexico border, and the structure of a 2,000 mile border wall.

Structure of a Border Wall and Additional Border Patrol Personnel

Department 4 of the edge security executive order directs DHS to take steps to obtain operational control of the United states of america-United mexican states border by planning, designing and constructing a wall along the length of the edge. Information technology also directs DHS to allocate unused funding for the purpose of amalgam a wall and to undertake a comprehensive study on the security of the southern edge inside 180 days. Department 8 directs DHS to hire an additional 5,000 Border Patrol agents "as shortly as practicable."

Response:The construction of a border wall was a main hope of Trump'southward presidential entrada, despite concerns by experts that the wall would be expensive, difficult to construct, ineffective in deterring illegal migration, harmful to the environment on the edge, offensive to personal property rights, and a threat to the economical and social well-being of border communities.  President Trump's hope to force Mexico to pay for a wall has created intense tensions in the relationship between these hitherto allied nations.

Adding 5,000 more Border Patrol agents along the border would increase the number of agents to virtually 25,000, more than triple the number of agents in 2000. The executive order does non explain why the additional agents are needed.

Increased Construction of Detention Facilities and Detention of Immigrants

Section five of the club directs DHS to immediately construct detention facilities at or nearly the southern edge and to assign asylum officers and immigration judges to the facilities to behave asylum interviews and hearings. Section half-dozen directs DHS to detain noncitizens to the extent permitted past police and to issue guidance on detention authority to stop "catch and release."

Response: The executive order does not specify the source of funding for the structure of detention facilities, which tin toll tens of millions of dollars, money which will become to individual detention companies.

The employ of detention for asylum-seekers has been shown to limit their access to due procedure. This policy would also crave the detention of women and children, which has been challenged in court. The utilize of alternatives to detention, particularly community-based models involving nongovernmental organizations, has proven to be more than humane, cost-effective, and beneficial to the court organisation. These programs likewise afford immigrants ameliorate access to counsel and to know your rights presentations.

Limiting Access to Asylum

Section xi of the order directs DHS to expand expedited removal throughout the country, as opposed to within 100 miles of the border; to employ humanitarian parole authority only on a "instance by case" basis; to railroad train all DHS personnel on the unaccompanied conflicting children section of the Trafficking Victims Protection and Reauthorization Act (TVPRA); and to ensure that credible fright determinations for those in expedited removal or "reasonable fear" determinations for those in reinstatement of removal proceedings are conducted within the "plain language of the provisions."

Response:Studies accept shown that expedited removal is often applied incorrectly by enforcement personnel and that asylum-seekers are non allowed to adequately communicate their fearfulness in such situations or, fifty-fifty if they do express fright, are only denied a credible fear interview, leading to their return and peril. The preparation of DHS personnel on child provisions is needed, but should be conducted past child welfare experts, who also should assistance border patrol in making those determinations. Assessments should be made of all children, including Mexican children.

Executive Order on Interior Enforcement

The second immigration-related executive order, entitled, "Enhancing Public Safety in the Interior of the United states of america," focuses on such issues as sanctuary cities and local-federal clearing enforcement cooperation, enforcement priorities, the reinstatement of the Secure Communities programme and Section 287(grand) agreements, and an increase in the number of ICE agents.

Sanctuary Cities and Local-Federal Clearing Enforcement

Section ix forbids "sanctuary" jurisdictions from receiving federal grants, except those that are necessary for enforcement purposes. Information technology directs DHS to designate jurisdictions equally "sanctuary" jurisdictions, although there is no definition of what constitutes a "sanctuary." Section 8 directs DHS to enter into Section 287(g) agreements, which permit state and local law enforcement to act as immigration agents and to apprehend and detain immigrants. Section 10 terminates the Priority Enforcement Program (PEP), instituted past the Obama Assistants, and re-institutes the Secure Communities program, which would require local jurisdictions to issue "detainers" on unauthorized immigrants in their custody.

Response: Many large cities, such every bit New York, Los Angeles, and Chicago, likewise equally smaller cities and communities, have chosen non to cooperate with federal authorities in enforcing clearing laws, including participation in the Secure Communities and Section 287(g) programs. The executive order will penalize these jurisdictions if they continue not to participate by withholding federal grant coin, except money for "enforcement" purposes. This presumes that other funding, such as Community Block grants, could be withheld. To date, cities such equally Chicago and New York take stated that they volition continue to not cooperate with federal regime on clearing enforcement considering they have no legal grounds to hold apprehended person beyond a limited period and because they depend upon the cooperation of immigrant communities to "protect and serve" the public.

Secure Communities and Section 287(chiliad), launched during the George W. Bush assistants, take been criticized as eroding cooperation between local law enforcement officials and immigrants and their communities, which would exist hesitant to report crimes to law enforcement officials who could detain and behave them. Under the Secure Communities program, immigrants with minor offenses, such as loitering, have been deported. Nether Section 287(m), local enforcement officials, untrained in clearing law, accept repeatedly violated the civil rights of legal residents.

Enforcement Priorities

Section five expands the priority listing of noncitizens discipline to deportation to anyone charged of a criminal offense, who committed acts that constitute a criminal offense, who engaged in fraud or willful misrepresentation, who has abused any program related to public benefits, who is subject to a concluding order of removal, but has not departed, or who otherwise poses a run a risk to public safety.

Response: Despite the vow by President Trump to prioritize criminals for deportation, the executive order is then broad that anyone who committed even a minor offense, such every bit a traffic violation or jaywalking, could be deported. The order besides applies to those who may accept misrepresented their condition to obtain piece of work. In lodge to carry out the president'due south pledge to bear 2-3 meg persons he deems equally criminals, the Trump administration would need to significantly increase the number of ICE agents and conduct nationwide raids and sweeps.

Increase in Water ice Agents

Department vii authorizes an increase of x,000 additional Water ice agents.

Response: Such an increase would triple the number of ICE agents at a cost of $3.nine billion, likely in anticipation of the launching of more aggressive enforcement activity throughout the country, including raids, which spread fear in immigrant communities.

Combined, the two executive orders on immigration enforcement provide a blueprint to use all available resources and dominance to deport as many undocumented persons as possible. This would no doubt pb to an unprecedented separation of families, including families with US-citizen children.

Executive Guild on Refugees

On January 27, President Trump signed an executive order entitled, "Protecting the Nation from Terrorist Attacks by Foreign Nationals." The order suspends the issuance of visas to nationals from Iran, Iraq, Sudan, Syria, Great socialist people's libyan arab jamahiriya, Somalia, and Republic of yemen; shuts downward the The states refugee program for 120 days; reduces the number of refugees to be admitted to the Us in FY 2017 from 110,000 to l,000; halts the resettlement of Syrian refugees indefinitely; launches a screening mechanism for the entry of foreign nationals; and requires DHS to expedite completion of an entry-get out tracking organization.

Suspension of Visas to Certain Countries and Extreme Vetting

Department 3 of the executive society suspends the issuance of visas to countries designated as being detrimental to the interests of the United States for xc days, listing Iran, Iraq, Sudan, Syria, Libya, Somalia, and Yemen. Department 4 requires implementation of compatible screening standards for all clearing programs, to include assessments such as whether an private is a risk, will exist a positive contributor to the nation, and has the ability to brand contributions in the national interest.

Response: The countries listed for pause of visas are Muslim-majority, while other nations that have experienced terrorism have non been listed. This suggests that the executive order is targeting Muslim immigrants. While some countries are listed, others, such equally Saudi Arabia, are excluded, even though the ix/11 hijackers originated from that land. The implementation of a screening program in Department 4 is subjective and could lead to discrimination against certain religions and persons of certain income levels.

Suspension of the US Refugee Plan and the Ban on Syrian Refugees

Section five of the executive order suspends the US resettlement program for 120 days while a review is made to ensure that refugees are existence fairly screened for national security purposes. The program will be restored simply if the Secretarial assistant of State, the Secretary of DHS, and the Director of National Intelligence concord that sufficient safeguards are in place. The society also reduces the number of refugees admitted into the United states of america to 50,000 for FY 2017, downwardly from 110,000 set past the Obama Administration. It allows the continued processing of refugees on a "case-by-instance" basis and individuals with religious-based persecution claims, who would receive priority once the program is resumed. In addition, it suspends the resettlement of Syrian refugees indefinitely.

Response: According to security experts, refugees who enter through the US Refugee program are the most vetted entrants into the United states, going through multiple security screenings before entry into the country, a process that can take as long equally two years. Since the 9/xi attacks, the U.s. has resettled nearly 800,000 refugees through the resettlement program and none have launched a terrorist attack on United states of america soil. The conflation of refugees as threats to national security is a tactic used to reduce the number of refugees admitted to the United states. This determination will have grave ramifications worldwide, equally other nations will follow the Us' lead in abdicating their legal and moral responsibilities to refugees in the name of national security.

Banning Syrians from resettlement and suspending visa issuance to nationals of Muslim-majority nations will also certainly be used every bit a recruiting tool by terrorist groups, who will claim these measures prove that the United States is hostile to Islam. Syrian refugees are fleeing the persecution of extremist groups like ISIS and require protection equally much as any refugee group at this time.

The exception for those who face religious persecution, according to President Trump, applies to Christian minorities in the Middle East, but also, given the language, could utilise to other religious minorities, such as Rohingya in Myanmar, who are Muslim in a bulk Buddhist land. While Christian refugees in the Centre East should be protected, either in the region or in a 3rd country, it should non preclude the resettlement of Muslims, who as well are superlative targets of extremist groups. Some faith leaders in the Center Eastward, including Cosmic bishops, oppose the resettlement of their Christian populations, because they fear it volition lead to a diminishment of their local Christian communities.

The executive order on refugees, wrapped in national security language, will make the United States less secure. Information technology volition give extremist groups a propaganda tool for recruitment; encourage other nations to abdicate their responsibilities to refugees and other vulnerable populations; and will alienate millions of Muslims, both in the Usa and abroad, who otherwise would exist allies and important sources of counter-terror and police force enforcement intelligence.

The three executive orders indicate that the United States is turning its back on its heritage as an immigrant nation and a safe haven for the world's persecuted. This stance will harm its moral standing in the earth, and limit its power to influence other nations to interact with it on humanitarian and other initiatives. It volition also impairment US relations with long-term allies. Congress should resist these orders and deny funding to implement them.

The post-obit are important CMS analyses and resources on these issues, which offer an of import, show-based counter-narrative to the policies set forth in these executive orders.

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Source: https://cmsny.org/trumps-executive-orders-immigration-refugees/

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