Trump Says U.S. Will Stop Releasing Apprehended Migrants Prior to Their Hearings

By Ivian Salama

President Trump said the U.S. will end Central American aid as thousands of migrants march toward the U.S. border. The WSJ’s Gerald F. Seib explains why this might be counterproductive. Photo: Getty

In his remarks, Mr. Trump said he intends to sign a “comprehensive” executive order next week about holding apprehended migrants, including those seeking asylum status. Mr. Trump gave few details, but said the plan would involve housing migrants in tents and other facilities.

“The endemic abuse of our asylum system makes a mockery of our immigration system and displacing legitimate asylum seekers, and there are legitimate asylum seekers,” Mr. Trump said in a White House speech. He said smugglers and human traffickers had learned how to “game” the U.S. system.

Mr. Trump also said that, under his plan, migrants seeking asylum would have to present themselves at an official point of entry. “Those who choose to break our laws and enter illegally will no longer be able to use meritless [asylum] claims to gain automatic admission into our country,” he said. Current U.S. law states that “any alien who is physically present” in the country can apply for asylum, within a year of arriving.

Earlier this year, officials at the Department of Homeland Security publicly encouraged would-be asylum seekers to ask for refuge at points of entry, saying that was the only legal way to apply for asylum at the border. Since spring, foreigners have routinely had to wait days or weeks to cross the border at entry points to seek asylum.

Mr. Trump also issued a warning to the two caravans of migrants in Mexico headed to the U.S. from Honduras: “They should turn back now—they are wasting their time.” He said “Caravan 2” is packed with “unbelievably rough people.”

Mr. Trump suggested the U.S. military would shoot migrants or protesters who threw rocks. “We will consider that a firearm,” he said.

The Pentagon didn’t respond to questions about the president’s comments. On Tuesday, the top commander for the troop movement to the border said troops there would be trained on the “standard rules for the use of force.”

A retired military commander said laws and longstanding rules wouldn’t allow U.S. military personnel to shoot at someone armed with a rock. “Individuals have the responsibility…to take the moral high ground,” said retired Army Lt. Gen. Mark Hertling. “A rock does not engender a shooting response.”

Mr. Trump focused his remarks on what he calls the current “catch and release” policy, which allows immigrants to go free on the condition they will return for a court hearing on their case. Some of these people don’t return for their hearings.

Mr. Trump defended the legality of his latest plan, amid questions about how it would comply with U.S. law governing the treatment of asylum seekers and their children.

But legal questions abound. For instance, a 1997 court settlement prevents authorities from detaining children for more than 20 days.

Immigrant advocacy groups accused Mr. Trump of manufacturing a crisis and ignoring practical steps that could alleviate strains at the border.

“There’s a solution here if the president wants it: Devote resources to independent immigration judges who will consider claims for asylum fairly and accept or reject them quickly,” said Ali Noorani, executive director of the National Immigration Forum, which seeks comprehensive immigration-law changes.

For more information, go to: www.beverlyhillsimmigrationlaw.com