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Opinion

This week's latest news on immigration

US IMMIGRATION NOTES - Atty. Marco F.G. Tomakin - The Freeman

Late Friday evening, the US Supreme Court issued a ruling allowing the Trump administration to divert military funds in order to finance parts of the border wall that separates the US and Mexico. This decision is a reversal of both the lower and appeals court that initially blocked this plan. Mr. Trump, claiming legal victory over this stay of injunction, tweeted that it is a big win for border security and the rule of law. This is also a huge political win for him as building the wall is one of the huge promises of Trump who back then even claimed that he will have Mexico pay for it. Opponents of this plan are quick to point out that this case is not over yet as the main case yet to be resolved. In the meantime, even with the case pending, parts of the wall will have to be built.

What does this mean for immigrants? First, this will further strengthen the idea that this administration is going tougher on immigration enforcement. Secondly, I tend to agree with the supporters of the wall who claim that the wall prevents human trafficking and smuggling of illegal drugs. I have seen cases where people just walked through the border after claiming that they paid a human smuggler in the thousands of dollars. However, it would be a huge miscarriage of the law in a case where intending immigrants who have actual, real, and valid claims of asylum, for example, will feel their hopes extinguished just by looking at a massive, imposing and seemingly unwelcoming wall.

The wall is just a physical barrier that the Trump administration is vigorously pursuing. Since taking office, he has issued executive orders and directives and appointed officials who are unhesitant in implementing his policies. Just this week, a new rule was issued that would fast track deportations under the expedited removal process. In the past, expedited removal only applied to those undocumented immigrants or those who committed fraud or stated false claims when they entered the US within 14 days of their arrival and found within 100 miles of the border. Now, the 100 miles is expanded to the whole US and the immigrant must prove that he has been in the US for at least two years. Asylum seekers from other countries and arrived at a third country are now barred from seeking asylum at border crossings.

These are just three examples of the latest news affecting immigrants which surely have real-life consequences. And I am sure there are more to come.

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US SUPREME COURT

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