A republic is not a monarchy.
On inauguration day, the President signed an executive order attempting to completely shut down asylum at the southern border. He justified this overreach by characterizing the arrival of unarmed families fleeing violence as an “invasion.” He attempted to rule by decree and override the legislative branch to appease a political base.
There is no unilateral power under the Immigration and Nationality Act. Congress wrote the statute. The Executive enforces it. Nothing more.
8 U.S.C. 1158 stands:
Any alien present or arriving may apply for asylum.
This is bedrock. It was forged after global atrocities to ensure we never turn away the persecuted again. Foundational protections apply to the vulnerable or they protect no one.
D.C. Circuit dismantled it.
No unilateral power under the Immigration and Nationality Act. Congress wrote the statute. The Executive enforces it. Nothing more.
8 U.S.C. 1158 stands:
Any alien present or arriving may apply for asylum.
This is bedrock. It was forged after global atrocities to ensure we never turn away the persecuted again.
An Assault on the Foundation
This administration assaults the foundation. It sees the law as an obstacle and attempts to bulldoze it.
DHS spokespeople call the mandated system “de facto amnesty” and a “catch all, get out of deportation free card.” The contempt is plain. It is an insult to the record, to the witnesses, and to the statute itself.
Asylum demands proof of credible fear based on race, religion, nationality, social group, or political opinion. It is not a loophole. It is a right.
The Breaking Point
The administration will appeal. Full circuit. Emergency stay at the Supreme Court. They will test the breaking point.
Today the rule held. Migrants at the border are not an army. They are human beings exercising codified law. Foundational protections apply to the vulnerable or they protect no one.
As reported by DCist and CapRadio, the legal battle continues to define the limits of executive overreach. Foundational protections apply to the vulnerable. Or they protect no one.
