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Question regarding asylum and immigration

Misinformation has been part of our lexicon since the beginning. Lying.

All politicians do it; habitually so for our president. Coaches and sport executives lie to the media. Most of the country lies (to their bosses and themselves) during March Madness. Parents lie to their kids (Santa is real, folks), and teenagers repay them later (I’m totally staying at Ronnie’s). Misinformation specifically saturates social media, from memes (falsely attributing quotes to famous people), to Russian accounts perpetrating lies that arguably helped Donald Trump win an improbable election (though Hillary Clinton being the other candidate helped Trump a lot too).

Our President lies.

A lot. Especially about immigration.

Facing mounting outrage in the media over its new “zero-tolerance” policy at the border, the Trump administration is deliberately misleading Americans about the thousands of migrant children it has forcibly separated from their families. The objective, according to people close to Donald Trump, is twofold: “deterrence,” as Chief of Staff John Kelly explained last month, and political extortion. “The thinking in the building is to force people to the table,” a White House official told The Washington Post last week. A second official confirmed that the president is hoping to use the detained children as leverage to force Democrats to cut a deal on immigration: “If they aren’t going to cooperate, we are going to look to utilize the laws as hard as we can.” [Vanity Fair]

Cliff Notes: There is no federal law requiring the separation of children from their parents at the border, regardless of entry into the country. You can read more information about the Administration’s misinformation here. It should be noted that the separation between parents and their children concerns a more logical argument:

“To be clear, there is no official Trump policy stating that every family entering the US without papers has to be separated. What there is is a policy that all adults caught crossing into the US illegally are supposed to be criminally prosecuted — and when that happens to a parent, separation is inevitable.”

Immigration is a popular argument among nationalists, especially on the right, and the Trump administration. Yet, despite the uncertainty and the fear facing a family immigrating to a new country, those undeterred folks are fleeing far greater terrors at home. Why not take that chance?

One question concerning immigration concerns asylum. Several claims are floating around argument that an immigrant may not request asylum if they enter the United States from an illegal point of entry. This is incorrect. According to the U.S Citizenship and Immigration Services website, anyone entering the United States may apply for asylum, regardless of immigration status or their point of entry.

To obtain asylum through the affirmative asylum process you must be physically present in the United States. You may apply for asylum status regardless of how you arrived in the United States or your current immigration status.

If these individuals are not in removal proceedings, they may claim Affirmative Asylum.

Defensive Asylum concerns an immigrant using asylum as a defense when facing imminent deportation. This form of asylum is typically applied by an Immigration Judge or by the U.S. Customs and Border Protection, having placed this individual “in the expedited removal process.”

However, Immigration Court has its own set of problems:

If you’re interested in immigration and the asylum process, take the time to research it (don’t rely on a President’s tweets or a single media source):

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