By Michelle Martin, PhD, MSW
I’m in the process of writing a summary of the pertinent legal issues involved in the family separations that occurred among the Central American political asylum-seekers at the southern border. In the process, I realized the importance of providing some background on our country’s immigration laws. By the time I was done, I had over 4500 words! So I decided to split this post into two posts (you're welcome! 😉). This post will focus on a brief history of key immigration laws in our country, and the second post will focus on the Flores Settlement Agreement, and post-settlement decisions, including the ruling of the 9th Circuit Court of Appeals.
By Michelle Martin, PhD, MSs, MSW
I’ve been blogging about the humanitarian crisis involving Central American migrant families separated at the U.S. border for months now, and I along with so many others in the United States and around the world, have been trying to find an explanation, some type of rationale for the Trump administration’s handling of the political asylum seekers coming across the southwest border. After reviewing all the pleadings in the federal case filed against the government by the ACLU, as well as many of Trump’s speeches related to immigration, I think I may now have a better understanding. I think I have insight into his and his closest advisors’ perspectives on political asylum; their ultimate, buried-under-the-rhetoric ideology, so to speak.
Trump let his real agenda slip out in a recent speech. The scene was the Cabinet Room, a historic meeting room at the White House. The setting, a luncheon with Republican members of Congress. Trump began his speech by referencing the Supreme Court’s decision to uphold his “Muslim ban,” calling it a victory for the Constitution.
Although there is great variation in the opinions of immigration policy experts on the most effective way of managing cross border migration, throughout this speech, Trump presents the immigration debate in simplistically polarized terms: Republican want closed border and low crime, and Democrats want to open the floodgates to gang members and murderers, stating,
By Michelle Martin, PhD, MSW
The Trump administration has referenced several “Dem laws” they claim have tied their hands in the current crisis involving the separation of Central American children from their political asylum-seeking parents. The narrative, according to Sarah Sanders, White House spokesperson, is that President Trump didn’t create the crisis, but is just the first president to “come to the table” and do something about it.
The administration was initially somewhat mysterious about what specific laws they were referencing that “only Congress could fix,” so I, along with many others, took shots in the dark in an attempt to untangle the pertinent immigration legislation at play, exploring whether any of them would warrant separating the children from their parents who are being detained while they await their asylum hearing.
Since the initial zero-tolerance policy was implemented in April of this year, the administration has been more forthcoming in their legal stance, and several immigration experts have weighed in on the matter. This blog post is an attempt to make sense of the various laws and policies involved in this crisis.
Dr. Michelle Martin is a social worker, policy specialist and Assistant Professor at California State University, Fullerton in the Department of Social Work, where she teaches social welfare policy, and researches dynamics related to immigrants, political asylum-seekers, refugees and other displaced populations.