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Tabitha McDuffee @TabithaMcDuffee
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On Asylum Seekers & Family Separation (thread)

There has been a lot of discussion about family separation at the border, & while I’m thankful for those contributions, I have seen almost no one address the prosecution of asylum seekers & separating them from their children. /1
Since AG Sessions’ announcement of the “zero-tolerance” policy for prosecuting those who cross the border illegally it is becoming clear that asylum seekers have been included in the arrests as well. thejusticeconference.com/2018/05/need-k… /2
This is not an entirely new problem. Under previous administrations asylum seekers have been wrongfully prosecuted for “illegal” entry.

oig.dhs.gov/assets/Mgmt/20… /3
But under both U.S. and international law asylum seekers cannot be criminally prosecuted for crossing the border illegally or even remaining in the U.S. undocumented for up to one year prior to making an asylum claim. law.cornell.edu/uscode/text/8/… /4
CBP agents are required to ask the individuals they apprehend if they are afraid to return to their home country before placing them under arrest for illegal entry. If someone says yes they must be referred for a more in depth interview. /5
But this is not happening. Instead, asylum seekers are being separated from their children and arrested. If they are convicted in criminal court before being allowed an asylum hearing in immigration court their chances of being granted asylum become nearly zero... /6
because now they have a criminal record, which they never should have had in the first place!

Also, contrary to popular belief and the opinion of our President, many of the families coming here from Central America do qualify for asylum. /7
The persecution and violence they endure may not come directly from their government, but due to widespread corruption their governments are unable or unwilling to protect them from cartel and gang violence. This qualifies them for asylum and refugee status. /8
Here are some helpful articles if you want to learn more. m.huffpost.com/us/entry/us_5a…

humanrightsfirst.org/resource/punis…

unhcr.org/419c783f4.pdf /9
Please call your Members of Congress today and ask them to pressure AG Sessions, POTUS, and CBP to ensure that this “zero-tolerance” policy is not being applied to asylum seekers who have a legal right to enter the U.S. at a designated port of entry or not. 202.224.3121 /end
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