Comments by "Scott Farner" (@scottfarner5100) on "A crisis on both sides of the U.S. Mexico | Nightline" video.
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@danteg4534 Here is your open border policy.
To cross our border illegally for the first time is a misdemeanor that carries a civil offense US code 1325. That person or family group has to be processed and then deported. That way when immigrants try and cross again they fall under US code 1326, that carries stronger penalties as a deterrent.
Title 42 removes penalties under those laws and just deports immigrants. With no penalty system in place under title 42, this has caused more returns who do not face penalties that they would face under normal immigration law. It also means numbers accounted for are not accurate. Current rate of return crosses is above 40%
US code 1158 is our asylum law, that the Right wants to ignore and undermine. It allows an immigrant to cross our border legally and request asylum. The Right has lied about it, ignored it, removed context and omitted it from their claims, and Trumps policies criminalized it in violation of immigration law. With his child separation policy.
Remain in Mexico forces legal asylum seekers who have used a port of entry and have passed a creditable fear interview to remain on the Mexican side of the border. US law says they are to remain in the US, US code 1158 section 1125. Due to restriction at check points it is easier to be granted asylum by crossing between check points. Especially under Trump's hard line policies.
Unaccompanied minors that are caught are automatically entered into our asylum process. They have to be transported out of CBP hands within 72 hours to family services, a sponsor, or family in country.
Single adults are still all placed in deportation proceeding under title 42. Title 42 is being used to ignore our Immigration laws and treaty obligations. They should be allowed to request asylum and go through the process to qualify or be deported.
Family units entry depends on the title 42 restrictions and asylum request and along with how they entered. They can be deported or put into our asylum process.
The Mexican government changing laws in areas that can't handle the influx of refuges due to Trumps remain in Mexico policy. Those who are not Mexican nationals, that we caught in one area now have to be transported to another area on the border to be deported.
Due to the increased number at the border we have to transport some to CBP at our northerner border for processing.
All of that caused our working system, that saw a 17 year decline in southern border crossings to the lowest point in 50 years, to fail. From an average of a million a year in 2000 to around 800,000 in 2008 and then below 450,000, before Trump and his policies doubled that number by 2019 to 977,000. The highest in 20 years. It was only reduced for the first 9 months of 2020 due to covid. By October of 2020 it was back to a monthly 20 year high and it has remain a 20 year high and increasing ever since.
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