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In today’s show we’ll break down yesterday’s Supreme Court oral argument in the case of Noem v. Al Otro Lado (No. 25-5), which is about the scope of asylum access at the U.S.-Mexico border under the Immigration and Nationality Act (INA).
Migrants from around the world come to America bearing a claim of asylum—meaning a claim to have a well-founded fear of persecution based on their race, religion, nationality, political opinion, or membership in a particular social group.
Notably NOT qualifying as grounds for asylum is merely seeking economic advantage by accessing America’s economic resources and opportunities.
Importantly, virtually all claims for asylum in the United States are ultimately determined to be invalid and denied—roughly 99% of them—generally because the migrant had already passed through other countries in which the claimed persecution would not exist, or the claimed persecution itself is deemed a lie or not well-founded.
This determination, however, can take years—and here’s the crux of the asylum crisis. If a migrant can make an asylum claim while already admitted to the United States, they spend those years enjoying the economic and social advantages of having been admitted as a migrant
That entire time they are competing with American citizens for every scarce American resource—housing, healthcare, education, employment, infrastructure, food, everything, and often using American taxpayer dollars in the process. The false claims of asylum while present in the US becomes a form of faux migration—and if they can bear a child in the United States and falsely claim that child to be an American citizen, they can secure essentially permanent presence.
The key asylum question, then, becomes this—when must a claim of asylum be permitted to be officially made such that the claimant is permitted into the United States while the claim is being processed.
American law says the asylum claim and presence is permitted when the claimant is “physically present in the United States or who arrives in the United States.” The phrase “physically present in the United States” seems clear enough—but what about the phrase “arrives in the United States”?
The pro-migrant factions are arguing that merely arriving at the US border in Mexico, while still on Mexican soil, qualifies as “arrives in the United States.” In that case billions of third-world migrants could simply arrive at the US border while still in Mexico, and demand instant admittance and presence in the US on an essentially permanent basis simply by making a false asylum claim—America will effectively not have a sovereign border.
The Trump administration counters that one has not arrived “in the United States” until one has gained actual entry.
Join me LIVE at 11 AM ET as I break it all down!
Episode #1257.
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