The law: If asylum seekers arrive at the border without documents, they can do one of two things:
(2) they can enter illegally and present themselves to an official as quickly as possible and claim asylum or "fear of persecution.” (section 208 of the INA)
Therefore, when migrants “rush” to the border (if their intent is to seek asylum) they are within their rights.
nbcnews.com/nightly-news/v…
Today we have reports that US Border agents fired tear gas into Mexico—at families with children—to disperse and drive the migrant seekers back.
wsj.com/articles/migra…
ihl-databases.icrc.org/customary-ihl/…
The 1993 Chemical Weapons Convention doesn’t apply to domestic law enforcement, but the tear gas was fired into Mexico against persons NOT in the US. opcw.org/chemical-weapo…
One border agent said that a migrant threw a “projectile” (I call baloney. Ridiculous to think that families seeking asylum will start a fight at the border).
We have a rule known as Reasonable Use of Force. criminaljusticeprograms.com/articles/reaso…
Law enforcement must use the least amount of force needed for the safety of all involved.
The separate families policy violated the Due Process Clause, which applies to all ‘persons’ in the US, including aliens, whether their presence here is lawful, unlawful, temporary. . .” (Zadvydas v. Davis)
slate.com/news-and-polit…
Then, in June, the administration gave asylum seekers a choice: They can have their kids back if they voluntarily deport themselves.
This was a violation of 18 USC 1203(a), hostage taking, which is defined as detaining or threatening to detain a person to compel a third person (or government organization) to do or not do a thing as a condition for release.
Remember when he said “all our laws are corrupt and stupid” and his audience cheered? mlive.com/expo/erry-2018…
Okay, so why all the cruelty at the border?
People get worn out, overwhelmed, and eventually give up. And of course, nobody can focus on the investigations against Trump.
See? There's a method to the madness.
Oh, and there is one more reason motivating the cruelty at the border:
Trump is a cruel human being.