AILA issued a policy brief explaining recent Trump administration policy changes that have eroded the due process rights of asylum seekers and other migrants at ports of entry and in border regions. From the introduction of New Barriers at the Border Impede Due Process and Access to Asylum (AILA Policy Brief, June 1, 2018):
Through a series of recent policy changes, the Trump administration has dramatically eroded the due process rights of asylum seekers and other migrants at ports of entry and in border regions. These highly controversial moves include the increased “turnbacks” of asylum seekers at ports of entry; a “zero tolerance” plan for prosecuting asylum seekers and other border entrants; the separation of families; the increased use of detention on asylum seekers; and attacks on other due process protections, such as the right to counsel. The new policies compound longstanding problems that already impeded migrants’ right to seek asylum, such as the continued failure of border agents and officers to follow required procedures for screening asylum seekers and the extensive use of summary removal procedures, such as expedited removal, that bypass immigration courts. Taken together, these policies systematically deprive people coming to the United States of due process and the opportunity to apply for legal relief to which they may be entitled under law.