Attorney General Bill Barr is blocking one of the methods used by illegal immigrants to get into the United States.
The Daily Caller reported that the decision was announced on Tuesday which says that illegal immigrants who demonstrate a “credible fear” when apprehended trying to enter our country, will no longer be eligible to be released on bond, even if they have requested asylum.
Barr’s decision was titled Matter of M-S-, overrules a 2005 Board of Immigration Appeals decision and comes from a Department of Justice review in October 2018 of bond hearings for immigrants who are seeking asylum.
The Immigration and Nationality Act states that illegal immigrants who establish credible fear “shall be detained for further consideration of the application for asylum” or may be “parole[d] into the United States . . . for urgent humanitarian reasons or significant public benefit.”
When this is the case, immigrants can be paroled under the jurisdiction of the Department of Homeland Security or held indefinitely until they can appear before an immigration judge.
“The Act provides that, if an alien in expedited proceedings establishes a credible fear, he “shall be detained for further consideration of the application for asylum,” Barr’s decision Tuesday read. “I order that, unless DHS paroles the respondent under section 212(d)(5)(A) of the Act, he must be detained until his removal proceedings conclude.”
Barr’s decision effectively blocks the path commonly used by illegal immigrants trying to get into our country using the court system, even though 80% of asylum cases at the southern border do not ultimately lead to entry into the U.S., according to former DHS Secretary Kirstjen Nielsen.
This will end the so-called catch-and-release system which may be indirectly funding the Central American migration.
The law, which will not be implemented for 90 days because the DHS needs time to decide who will be released, should give illegal immigrants the incentive to apply for asylum legally at the ports of entry using formal process, rather than attempt to sneak past Border Patrol agents.
