Immigration law expert Leon Fresco discusses Biden's crackdown on illegal immigration while criminal defense attorney Michel Huff talks about the Hunter Biden trial. Topics include asylum access, border security, immigration court challenges, and legal complexities of drug and gun possession cases.
President Joe Biden's executive order aims to crackdown on illegal immigration by limiting asylum for border crossers.
The interpretation of 'entry' in immigration law raises questions about asylum requests for individuals already in the U.S.
Deep dives
Biden Unveils Plans to Address Surge in Border Crossings
President Joe Biden implements actions to prevent asylum for migrants crossing the southern border illegally. This move, considered crucial in handling the migrant crisis, comes through executive action to curb high levels of illegal border crossings, prompting a bar on asylum for potentially thousands of migrants. The policy aims to secure the U.S. border and restrict asylum requests for those crossing illegally, allowing exceptions for human trafficking victims or urgent medical cases.
Implementation of Executive Order on Asylum Restrictions
The newly introduced policy prohibits illegal border crossers from seeking asylum unless they have experienced human trafficking or possess immediate medical or humanitarian needs recognized at the time of apprehension. Executive powers under the immigration code's travel ban authority trigger a ban when average daily crossings surpass 2,500, aiming to diminish crossings below 1,500 weekly. This restriction halts asylum requests for border crossers starting from a specified time.
Legal Complexities of Entry Status and Asylum Eligibility
The implementation of restricting asylum requests hinges on the interpretation of 'entry' in the immigration law context, particularly concerning individuals who have already crossed the border. The debate emerges on whether the presidential power to restrict entry extends to those who have already physically entered the U.S., raising questions on the legal ramifications of such an interpretation. The discussion delves into the intricate legal dynamics around prosecuting illegal entry and reentry concerning the definition and implications of 'entry' for asylum seekers.
Challenges and Ramifications of Biden's Asylum Policy
Biden's asylum restrictions, coupled with potential legal battles and operational hurdles, pose significant challenges. The ACLU intends to legally confront Biden's policy, drawing parallels to past legal battles against Trump's actions. The complex web of international treaties, deportation complexities, resource constraints, and potential post-injunction scenarios underscores the multifaceted repercussions of the asylum policy implementation and legal contestations.
Immigration law expert Leon Fresco, a partner at Holland & Knight, discusses President Joe Biden’s executive order to crackdown on illegal immigration. Criminal defense attorney Michel Huff discusses the first day of the Hunter Biden trial on gun charges. June Grasso hosts.