President Donald Trump took to Twitter Sunday morning to suggest a new policy toward illegal immigration: immediate deportation of border jumpers without recourse to judge or jury.
“We cannot allow all of these people to invade our Country. When somebody comes in, we must immediately, with no Judges or Court Cases, bring them back from where they came,” Trump said Sunday.
“Cannot accept all of the people trying to break into our Country. Strong Borders, No Crime!”
We cannot allow all of these people to invade our Country. When somebody comes in, we must immediately, with no Judges or Court Cases, bring them back from where they came. Our system is a mockery to good immigration policy and Law and Order. Most children come without parents...— Donald J. Trump (@realDonaldTrump) June 24, 2018
The suggestion represents a distinct departure from previous practice, but directly addresses a problem the Trump Administration has been struggling with: what to do with illegal immigrants who, after being caught jumping the border, claim asylum.
Typically, the United States requires that those claiming asylum emigrate to the United States using a designated border crossing. But a Supreme Court ruling extends the Constitutional due process rights to non-citizens, and thousands of individuals looking to make their home in the U.S. have used the policy to their advantage, requesting asylum when confronted by Border Patrol — a situation which allows them to remain in the United States until their application can be processed, a period of at least several months.
Recently, though, the Administration has faced the issue of what to do with illegal immigrants awaiting asylum hearings. The Obama Administration would often give each asylum seeker a court date and allow them to remain in the U.S. with friends or family members, a policy often called "catch-and-release." The Trump administration has been detaining asylum seekers, but now that they must detain families together, they run up against the infamous Flores decision, which mandates that the U.S. cannot keep children detained with their parents for more than 20 days.
There are existing policies that allow for expedited processing of illegal immigrants, but Trump seems to be advocating for a more . . . expeditious . . . process, albeit one that may be (at least currently) unconstitutional.
Trump rounded out his policy suggestion by noting that illegal "border jumpers" are now also line jumpers.
....Our Immigration policy, laughed at all over the world, is very unfair to all of those people who have gone through the system legally and are waiting on line for years! Immigration must be based on merit - we need people who will help to Make America Great Again!— Donald J. Trump (@realDonaldTrump) June 24, 2018
The president is said to be cooperating with members of the GOP who hope to bring a compromise immigration bill to the floor of Congress this week.