Trump seeks to deny due process to people entering the US without papers

In a tweet on Sunday, US President Donald Trump said the US immigration system is "laughed at all over the world" and is "very unfair" to individuals using legal avenues to gain entry. The president's demand appears to violate international norms.

People rally near the Edward J Schwartz Federal Building to demand that thousands of children taken from their immigrant parents by border officials under recent controversial Trump administration policies be reunited. San Diego, USA, June 23, 2018.
AFP

People rally near the Edward J Schwartz Federal Building to demand that thousands of children taken from their immigrant parents by border officials under recent controversial Trump administration policies be reunited. San Diego, USA, June 23, 2018.

US President Donald Trump said on Sunday that people who enter the United States illegally should be sent back to where they came from immediately without any judicial process.

Facing a public outcry and pressure even from within his Republican Party, Trump last week reversed his policy of separating migrant children from their parents at the border so the adults could be detained and prosecuted, a process that typically takes months.

Since buckling on the issue on Wednesday, Trump has redoubled his criticism of US immigration laws on Twitter and in speeches where he likened illegal immigrants to invaders trying to "break into" the country.

"We cannot allow all of these people to invade our Country. When somebody comes in, we must immediately, with no Judges or Court Cases, bring them back from where they came. Our system is a mockery to good immigration policy and Law and Order. Most children come without parents," Trump said on Twitter.

"...Our Immigration policy, laughed at all over the world, is very unfair to all of those people who have gone through the system legally and are waiting on line for years! Immigration must be based on merit - we need people who will help to Make America Great Again!"

"Cannot accept all of the people trying to break into our Country. Strong Borders, No Crime!," Trump said in another tweet.

Trump did not differentiate between people who entered the United States to seek asylum and illegal immigrants.

US immigration law provides certain rights for undocumented immigrants arrested by Immigration and Customs Enforcement. In most cases, they are allowed a full hearing before an immigration judge before being deported.

Universal Declaration of Human Rights

Trump's demand appears to ignore the right to asylum enshrined in the Universal Declaration of Human Rights. Article 14(1) makes clear the right to asylum:

"Everyone has the right to seek and to enjoy in other countries asylum from persecution."

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