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Loophole in Biden's 'Tough' Border EO Lets Migrants Claim Asylum by Trembling or Shaking

AP Photo/Manuel Balce Ceneta

As the Associated Press reported Monday, President Joe Biden suddenly realized he DOES have the authority to secure the border without Congress. Biden issued a "tough" executive order "closing" the border, limiting asylum claims to 2,500 illegal immigrants per day. 

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The Media Research Center noted that AP reporters wrote that "Biden has shifted far to the right on immigration since his winning campaign four years ago, when he criticized Trump’s immigration priorities and promised he would restore asylum protections."

"Far to the right."

Homeland Security Secretary Alejandro Mayorkas joined MSNBC's "Morning Joe," which ran the chyron, "Biden signs executive order to temporarily close border" underneath Mayorkas saying that 1,400 illegals a day who pre-apply through the Border Patrol's CBP One™ app will be let through.

Yes, the Border Patrol has an iPhone app that lets illegal immigrants apply for asylum online. Thoughtful.

The ACLU has already said it will challenge the executive order in court, and Rep. Rashida Tlaib called the executive order "outrageous," because "seeking asylum is a human right."

Many illegals interviewed at the border admitted they came for job opportunities, not asylum.

The New York Post reports that on the same day, ICE was sent a new memo making it easy to claim asylum.

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"Indeed, a fear [of return] may be manifested verbally, non-verbally, or physically," reads the memo. "In determining whether a noncitizen manifests fear," ICE agents might notice non-verbal actions that indicate fear, "such as hysteria, trembling, shaking, unusual behavior, changes in tone of voice, incoherent speech patterns, panic attacks, or an unusual level of silence."

Jennie Taer reports for the New York Post:

On the same day the Biden administration announced new restrictions on how many migrants will be allowed over the border, a memo was sent to border enforcers mandating new measures to make it as easy as possible to claim asylum.

Instructions from Immigration and Customs Enforcement (ICE) acting director Patrick J. Lechleitner to his team includes the installation of signs seemingly instructing migrants what to say to qualify for asylum.

The email also points to “trembling, shaking” or even staying completely silent as behavior, which can back up the “credible fear” of being returned to a home country migrants need to display to claim asylum.

Signs in several languages will also be posted saying, "If you are hungry or thirsty … Tell an officer. Your claim will be heard."

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“If a noncitizen subject to the Presidential Proclamation is processed for expedited removal and manifests fear or an intention to apply for asylum or related protection while detained in ICE custody, the noncitizen must be referred to USCIS…”

One source saying, “In other words nothing has changed…”

The Free Beacon also got the memo:

Joseph Simonson reports:

But even after the border is allegedly shut down after 2,500 average illegal crossings a day over the course of the week, a number of migrants may still enter the United States. Any "noncitizen," the memo states, may be permitted to enter under "urgent humanitarian" conditions.

Those "humanitarian" conditions, according to the memo, include asylum claims. If a migrant claims a fear of "acute medical emergency," "an imminent and extreme threat to life or safety," or is a "victim of a severe trafficking in persons," they may enter the country. Deportation officers stationed on the southern border, Department of Homeland Security guidelines state, "will not determine whether noncitizens are subject to an exception to the limitation of asylum eligibility."

Even after a migrant is placed in expedited removal, the memo states, he may still claim a "fear of return." Examples of those fears, which the memo states may be non-verbal, include "I am afraid to go to [country]." At that point, the migrant would be temporarily relieved of an immediate deportation.

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But fear can be expressed in a number of ways, like shaking or being unusually silent.

So if we're reading this correctly, even if the border is "closed" because of a weekly average of 2,500 asylum claims a day, you can still be allowed in for humanitarian reasons.

***

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