Thread by @matt_cam

1/ BREAKING: #ASYLUM LAW

As #impeachment dominates the news cycle the war on #asylum still rages... and the Trump administration just dropped another daisycutter.

This whole thing is *far* worse than this headline might suggest, so let's just into it.

2/ 1st, remember that "criminal aliens" is one of the Trump administration's favorite phrases, intentionally used to associate crime w/refugees, asylum seekers, &Central Americans generally. (MEDIA: This is a very knowing psy-ops campaign; please don't perpetuate it)

3/ International law *does* allow member states of the Refugee Convention to restrict the right of asylum to those convicted of "particularly serious crimes" and even return such people there even knowing they face will face persecution. It's clearly for extreme cases.

4/ Although the draft rules aren't out yet, this new set of proposed regulations would seem to be proposed as another option in addition to the the "particularly serious crime" provision, rather than a new interpretation of it.

This is, of course, illegal.

5/ The "particularly serious crime" bar is set by law to include any "aggravated felony" for which 5 years of more of prison time was imposed. American law has continued to chip away at it, & it now includes *any* drug trafficking offenses as well as even some misdemeanors

6/ A finding of a "particularly serious crime" results in losing any chance at asylum *or* withholding of removal (a more difficult & less desirable form of asylum)--EVEN AFTER THE COURT HAS DETERMINED A WELL-FOUNDED FEAR OF PERSECUTION. It's not to be done lightly.

7/ So I don't know if you've heard anything about who the President is or what he's been up to,but maybe you can guess where this is going. Trump/Barr want to take these bars lighter than lightly, in some cases deporting people to death over things that aren't even crimes.

8/ "Felonies" sounds like a clear bright line, but there is a world of difference between the federal definition of "aggravated felony" and ALL FELONIES.

Lots of minor things can be felonies--like drug possession. Picked up a habit 20 years ago? Denied, even if you're sober now

9/ This one is legally DOA. International law strictly generally prevents asylum seekers from being charged with immigration-related offenses when they are committed in connection with seeking asylum. It also ignores the fact that re-entry is often *because of* persecution.

10/ We'll have to wait to see what this means, but it looks awful. DUIs don't make a person ineligible for residency (or render them deportable) so this would be creating a *higher* standard for asylum seekers; entirely the opposite of the spirit of the Refugee Convention

11/ From the people who brought us "kangaroo court!" and "DUE PRAH-SESS!!!", a provision requiring an #immigrationcourt to deport someone to death with even an *allegation* (w/no conviction) of domestic violence . This could include false claims & restraining order applications

12/ And sure, so long as we're deporting people to death for non-crimes let's just throw in a grab bag of non-violent, non-public-safety-related offenses which Trump wants the public to associate with immigrants.

I can't express to you how illegal this is. And how sick.

13/ Again, these are asylum applicants otherwise qualified for protection. People whose lives a judge has ruled are in imminent danger if returned to their home countries.

But did you buy a fake license to get around? Struggle w/a PTSD-related drug problem?

Well, nevermind.

14/ This one actually literally stopped my breath for a sec. This is so unspeakably fucking inhumane, and plainly intended to limit the ability of someone granted protection under the law from having the case reconsidered as asylum *so that they can bring their families*

15/ So this is all very upsetting to me as a lawyer who has personally met and worked with hundreds of asylum seekers in one capacity or another, but also as a citizen with at least a passing regard for the law. It's frankly shocking, even now after everything else we've seen.

16/ Remember Trump and the WH going on about the "violent animals of MS-13"? "Criminal aliens" are the next logical step. We put down rabid animals, and (in some places) the state arranges the death of convicted criminals. It's all a very well-considered rhetorical effort.

17/ A society which writes off entire categories of people as non-human, "animals" who don't deserve to draw breath--well, that society is going bad places. Very bad places.

Don't fall for the "criminal aliens" line, and stand up to this now. Before you can't.

/THREAD

18/ N.B.: Even under this proposed rule applicants would be eligible for withholding of removal (a much more difficult form of protection w/no greencard which allows for future deportation) or protection under the Convention Against Torture (even more limited). Far less likely