I’m just going to say it. The government shutdown is a total political scam and this is how I know it:
The immigration court system has been underfunded and understaffed for decades leading to long delays in the processing of asylum claims. Most recent figures put the number of back-logged cases at 800,000. This situation is now being compounded, because the shutdown has closed the immigration courts.
The delay in asylum application processing creates an incentive for more refugees to come here. During processing delays, applicants for asylum live and work in the United States. They pay taxes here, start families here, lay down community roots here. They also send money back home to their struggling extended families. More to the point, they at least temporarily escape the dire conditions that drove them from their home countries to begin with.
But instead of addressing at least one incentive for asylum applicants—a long process that allows applicants to live in safety for years while their claims are being considered—the administration is demanding construction of a border wall. That is $5.7 billion to private contractors for a questionable construction project. After weeks of trying to sell the wall to Americans as necessary to abate a security crisis, the administration has now changed its tune and is calling it a humanitarian crisis. The border situation, in whatever you clothes you put it in, is entirely of the administration’s making. The administration has been arbitrarily bottlenecking the number of asylum applications being accepted at ports of entry. Applicants trying to enter safely are forced to wait indefinitely outside of ports of entry, maintaining their place in line, without safety and shelter. Some, instead of waiting, are attempting to enter unlawfully so that their applications for asylum can be accepted right away. The entire situation is of the government’s making.
Instead of building a wall, if you put $5.7 billion into the immigration court system, and committed government service to providing an expedient process for hearing asylum claims truly consistent with due process requirements, cases could be complete within a year, maybe two. A faster process could change the risk assessment asylum applicants make in deciding whether to try to come here. There would be less time for them to build lives here before potentially being uprooted again. Such a disincentive could significantly cut the number of applicants presenting themselves at our borders.
So why don’t immigration attorneys talk about this more? Because this would inevitably lead to more and faster deportations, and this is not an abstract thing for us. Asylum applicants are people we know personally. We know them, we know their families. We know where they work, where they go to church, where their children go to school, how much they pay in taxes—and YES, they pay taxes. We also know where they come from. We know that applicants with even the weakest asylum cases come from dire circumstances that we cannot even begin to comprehend. We know what they have survived.
The real tragedy of this situation is that President Trump continues to use these people’s very real lives to try to manipulate voters. And for some, it’s working.
There are real solutions to these problems. President Trump isn’t interested in solutions. He is only interested in telling you who is to blame. The border wall is a scam and I hope you don’t fall for it.