The ports of entry rule for asylum seekers

The current administration of the US is renowned for its stance on immigration and for the multiple changes implemented in the immigration sector over the past three years.

Current President Donald Trump argues that immigrants often abuse the benefits offered by the US and migrate in large groups with the purpose of crossing borders without prior authorization.

For instance, President Trump states that immigrant groups attempt to cross the country’s borders unlawfully with the purpose of seeking political asylum from anywhere in the country, which, in his opinion, should not be allowed.

In fact, in a presidential proclamation published on the White House website, the president openly states: “They are traveling in large, organized groups through Mexico and reportedly intend to enter the United States unlawfully or without proper documentation and to seek asylum, despite the fact that, based on past experience, a significant majority will not be eligible for or be granted that benefit.”

That is why President Trump, along with the Department of Justice (DOJ), the US Citizenship and Immigration Services (USCIS), the Department of Homeland Security (DHS) and the Executive Office for Immigration Review (EOIR) released a Final Rule in 2018 that states that immigrants must apply for asylum only at authorized ports of entry.

This Final Rule unleashed a gigantic social controversy and the Trump administration has received countless criticisms for this policy implemented in the political asylum process.

Two Oregon senators against this Final Rule

Two senators from Oregon decided to support a legal complaint filed by multiple senators around the country.

Senators Ron Wyden and Jeff Merkley argue that to ban immigrants from seeking political asylum anywhere on the borders is to violate local laws and break the values of the US.

They argue that if immigrants come to the country seeking help to save their lives from danger, persecution, violence, abuse, and risk in their countries, then, it is the government’s duty to protect these people who need it the most.

Denying them entry “is not only un-American and inhumane, it’s also illegal (…) Many of these people are fleeing deadly violence in their home countries, and have the legal right to seek asylum under both domestic and international laws. We cannot let this administration undermine our laws nor our American values as a nation of freedom and hope,” Senator Jeff Merkley argues in the legal brief.

The legal complaint asks the Court to revoke this policy implemented by the Trump administration and allow immigrants to request political asylum anywhere along the borders of the US, not just at authorized ports of entry.

The Trump administration has not given an official response to the multiple criticisms received about this Final Rule.

Do you need help with an immigration case?

Apart from changes implemented by the Trump administration, the arrival of the global Coronavirus pandemic also contributed to increase restrictions in the immigration sector.

However, we are seeing how immigration processes are gradually returning to normal and you have a wide variety of options to legally migrate to the US.

To know more about your alternatives, contact our team of experts. If you have any questions about an immigration issue or relating to a case you may have currently in progress, then please don’t hesitate to contact us for a FREE Phone Consultation with one of our expert immigration attorneys.

Simply call Motion Law today at: (202) 918-1799.