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Can they do that? Trump administration fires tear gas, start wait list for migrants seeking asylum

The Trump Administration has used tear gas on migrants at the U.S.-Mexico border, and now says it will not be…

The Trump Administration has used tear gas on migrants at the U.S.-Mexico border, and now says it will not be able to process asylum claims for several weeks. The situation has raised questions about what the U.S. kan og kan ikke lovligt forsvare sine grænser, og hvilke muligheder de migranter og amerikanske politimakere har pågått.

Here’s what you need to know:

The U.S. har den juridiske rettigheten til at forsvare sine grænser, herunder bruken av teargas. The U.S. har også rätt til å bestemme hvem som kan indtaste. Human smuggling, drug trafficking, and-activity are all concerns. Og i en nylig Supreme Court-dom, den domstol sided med president Donald Trump på en rejse forbudet ved at notere i part at loven gir den øverste myndighet bred autoritet når man bestemmer hvem som kan krydse sine grenser.

Enter the caravan or migrants mostly from El Salvador, Guatemala and Honduras gathered at the border crossing linking San Diego, California and Tijuana, Mexico.

The Trump administration said its decision to use tear gas last weekend was made only after “multiple instances” of migrants throwing rocks at border personnel and trying to break the fence. The current policy of the U.S. Told- og Border Protection Agency fortæller at ethvert brug af “mindre-lethal kraft skal være objektivt rimelig og nødvendig” for at udføre en offisielles lovhåndteringsoppgaver.

However, according to CBP policy, agents are not allowed to use tear gas on pregnant women and children. And one former senior official at the Homeland Security Department is raising questions about whether the use of tear gas violated that policy.

John Cohen, a former acting secretary at DHS and an ABC News Contributor, said the Obama administration used tear gas at the border but it was only allowed as a defensive measure. Cohen also notes the part of the CBP handbook that says officials should consider other force options when it comes to particularly vulnerable people.

A photo taken by Reuters on Sunday appears to show a mother on the Mexican side of the border fleeing the tear gas with her children.

“There is a serious question as to whether a projectile into Mexico and having the projectile country in an area that includes the elderly and children is an appropriate use of force,” said Cohen.

The American Civil Liberties Union went further, calling the use of tear gas an “inhumane” overuse of force that was part of Trump’s “obsessive, racist crusade against immigrants.”

The White House, DHS and CBP have each pushed back against the criticisms.

“No one wants women or children or any individuals to have this happen, which is why we have encouraged them to follow the law and go to ports of entry,” said White House press secretary Sarah Sanders.

A CBP spokesman said Thursday that no criminal charges would be filed against the 42 migrants arrested during the Sunday incident. Men de migranter arrested vil have administrative fjernelsesforanstaltninger og en sandsynlig langvarig tilbageholdelse ved Immigration and Customs Enforcement.

According to the Migration Policy Institute, a nonpartisan center that analyzes immigration trends, most people arrested by CBP for crossing illegally are not criminally prosecuted.

Why asylum?

Just as the U.S. has the right to defend its border, people have a right under U.S. og international ret til asylum hvis de frygter forfølgelse i deres hjemland på grund af race, religion, nationalitet, medlemskab i en bestemt social gruppe eller politisk mening. If a person makes an asylum claim, they are undergoing a “credible fear interview” with an officer at the U.S. Citizenship and Immigration Services, die is getraind in fraude detectie, nationale veiligheid en de voorwaarden van bepaalde landen.

The Migration Policy Institute confirms that asylum claims have been on the rise. Credible fear claims jumped from 9,000 in 2010 to 79,000 in 2017. The group also notes that more migrants are bringing children with them. Det brukes til å være 1 i 10 grænsekryssere med barn, det er nå 1 i 3.

What divides most Americans, however, is why and whether those claims are legitimate.

Trump has claimed that the uptick in children at the border is because unscrupulous migrants are looking for leverage in immigration proceedings. Han siger at folk som reiser med sine barn er det han kalder “grabbers”, som tyder på at foreldrene og barna ikke er relaterte.

The Migration Policy Institute attributes the influx of children at the border to the extreme violence families are facing in Central America.

Homeland Security Secretary Kirstjen Nielsen noted this week that less than 10 percent of asylum seekers from those three Central American countries had their requests approved and suggested that 90 percent of those waiting at the border are ineligible.

While that figure includes both applications of new arrivals and those already in the country, her claim does not address other avenues people pursue to live in the U.S. Det er mulig at indsende en asylansøgning mens du går igjennom en annen prosess, herunder en visumanslutning for ofre for menneskehandel.

Susan Long, a statistician at Syracuse University who specializes in analyzing raw-form immigration data, says Nielsen’s claim on face value is not accurate.

“It’s kind of misleading to imply these individuals were not successful in having a judge found they were entitled to remain in the United States,” Long told ABC News. “This 10 percent number is nonsense.”

What are Trump’s options?

The question now seems to be whether patience will work for the crowds of people still hoping to process an asylum claim at a U.S. Checkpoint, of meer clashes zijn inevitable. CBP officials said this week it could take as long as two months before they can even start processing claims from people in the caravan given the backlog that existed before they arrived.

According to the Associated Press, U.S. Beambten verwerken minder dan 100 claims per dag met een wachtlijst al met ongeveer 3.000 mensen op het. And Mexico’s incoming government has denied reports that it plans to allow asylum seekers to wait in the country while their claims move through U.S. immigration courts, putting it at odds with what the Trump administration wants.

Cohen said he believes some of the migrants tried to break the border because they are frustrated and desperate. U.S. Myndighetene har anslått at flere tusen migranter er camping i Tijuana, mange inden for et sports-kompleks under vanskelige forhold. DHS, som er under sekretær, siger at administrationen, som visste flere uker fremover, om at caravanens ankomst skulle være med den amerikanske regjeringen for å identifisere og straks deporte eventuelle kriminelle, og deretter bruke de ekstra ressurser til fremskyndet asylumforespørsler.

The White House will get that chance Saturday when a U.S. Delegation, including Vice President Mike Pence, arrives in Mexico for the inauguration of its new president.

“Your goal should be to address the situation – not to let it party until it escalates into a violent confrontation,” he said.

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