i'm doing too many things for this kind of in depth review but essentially if htey are already in the states or enter through a recognized entry port they are treated differently than those who cross illegally (@twenty02 bringing you in). if they cross illegally they are subject to expedited removal, unless they cry asylum or fear which then invokes the procedural process for a credibility determination with an officer. and even that has an appeal of sorts (right to review) to a judge for determination.I know it is popular to say the law lets Biden stop things now. So below is a snippit of the law, and a link to the full code. My laymen reading, once someone says asylum we cannot just toss them out. End of story. @BradStevens, do I have that wrong? I would have clipped more but at some point my phone just tries to grab the entire article:
(4) Claim of asylum or fear of persecution or torture. If an alien subject to the expedited removal provisions indicates an intention to apply for asylum, or expresses a fear of persecution or torture, or a fear of return to his or her country, the inspecting officer shall not proceed further with removal of the alien until the alien has been referred for an interview by an asylum officer in accordance with 8 CFR 208.30. The examining immigration officer shall record sufficient information...
8 CFR § 235.3 - Inadmissible aliens and expedited removal.
www.law.cornell.edu
so in reviewing all of this 1) i do not believe the current bill makes sense 2) i do not believe the current set up ever contemplated this many applicants and also needs amending or the backlog could never be reached.
it's like soc sec disabilty. you apply. get denied by mail. request a review. get denied by mail. request a hearing and go to the judge for a final determination. the process takes forever and gives rise to a massive backlog. this will be even worse. and who is going to detain these people? are we going to parole them like biden was doing. will they appear or just disappear? How would we ever process the number in backlog and contemplated by the bill?
i think we need a wall or something, border agents tenfold, and curb the numbers while revising this asylum process