Thread by @TolchinImm

It is hard to explain just how mean-spirited and malevolent the administration's asylum/ family position is. Just know that while Trump is no rocket scientist (or attorney), the folks sitting behind him waxing their metaphorical mustaches are brilliant and evil.

1/ the law establishes that those seeking admission to the United States (even without proper documents) are entitled to a "credible fear" review which is a screening test to then allow them to apply for asylum.

2/ We know that many people arriving at the US/Mexico border are fleeing horrific conditions that have pushed them into taking a perilous ride to the US because they fear they will be killed by gangs, their own government, or domestic abusers. These threats are VERY real.

3/ We also know that under the Obama administration, CBP officers were refusing to provide the credible fear assessment and were not allowing people to apply for admission, and were instead being turned away at the border.

4/ This is absolutely unlawful. Here is a class action filed in July 2017 that is pending in San Diego now on this issue: americanimmigrationcouncil.org/litigation/cha…

5/ When Trump took office- it got worse, and CBP continued to refuse to allow people to request admission and request "credible fear" because they were afraid to return to their countries.

6/ As a result, people entered the country illegally and presented themselves to immigration officials to request credible fear. These folks are now prosecuted for the misdemeanor charge of criminal entry. This rarely happened prior- focus was on those w/ crimes and past deports

7/ now bring in the children: Under the Flores settlement agreement from the 80s which is still in effect, the government was barred from holding kids in detention centers (aka jails) even with their family members for prolonged periods or if not necessary
supportkind.org/resources/flor…

8/ this is important for when we talk about today's Executive Order. The Flores settlement is still in effect and was recently addressed by the 9th Circuit

cdn.ca9.uscourts.gov/datastore/opin…

(oops the settlement is 1997 not the 80s)

10/ We have learned that since 2017 children of the incoming refugees have been torn from their children when they have BOTH sought admission at a port of entry and entered the US and then have been prosecuted for misdemeanor entry

11/ Trump admin was frustrated because the kids could not be detained with parents, so they were taken from parents and treated as unaccompanied minors.

12/ He created this policy to take the kids away, as you know the law does not mandate it. That is why he is frustrated with the Flores settlement agreement. Today's Exec Order was in essence a straight attack on Flores, to require kids to stay in family detention.

13/ At the same time - AG Sessions issued Matter of A-B- on June 11, 2018, which vacates prior asylum caselaw and which outright says that fear of gangs and domestic violence no longer are grounds to seek asylum- which affects many of these applicants
justice.gov/eoir/page/file…

14/ in that decision, Sessions states in fn 1 "Accordingly, few such claims would satisfy the legal standard to determine whether an alien has a credible fear of persecution."

15/ Add to this, that NO court has found that denials of credible fear are reviewable in federal courts (where the real judges are). The one court to address has found that folks coming to country (or barely inside) do not have due process right to review www2.ca3.uscourts.gov/opinarch/16133…

16/ so to summarize this means people can't get the credible fear required by law, when they enter they are prosecuted even though they are only seeking review to which they are entitled, their children are taken or required to stay with them in family jail, asylum

17/ law no longer protects them, and they have no right to federal court review. THIS IS RIDICULOUS. Thank you for sticking with me and I welcome any other comments or additions. #RESIST.