Q&A of the Day – The Migrant-DeSantis Lawsuit Legal Standing & The Real Asylum Victims
Each day I feature a listener question sent by one of these methods.
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Today’s entry: So, the news said the lawsuit against Desantis claims he violated the rights of the migrants. WHAT? They let them come here illegally and their rights get violated? What am I missing here.
Bottom Line: Not much from a point of practicality. In fact, Senator Rubio said the same thing in saying: People came into this country illegally, violating our laws, and the first thing they do is get lawyers and use our laws to sue an elected governor, to sue a state, just think about that, they just got into this country, they’re not even here legally, they didn’t even enter the country the proper way and they’re immediately in court demanding rights and claims under our laws, this is outrageous! He, and you, are on point. As I’ve evidenced and discussed for years including recently, almost all asylum seekers are found to be in fact illegal immigrants. In past years, prior to the record surge of asylum seekers, a minimum of 92.3% of asylum seekers have proven to be illegal immigrants once fully processed in our legal system, with 98.5% having been the norm. Thus, it’s all but statistically implausible that three of the Martha’s migrants who’ve sought to sue Governor DeSantis and the state will be found to have a lawful asylum claim in the first place. The average wait time for a court date to determine legitimacy due to the border crisis was most recently reported as being 1,508 days. That means, for starters, they would likely lack legal standing to bring such a suit under federal law for a minimum of four years. And after four years in all statistical likelihood, they’d be found to be illegal immigrants – that is if they even bothered to show up for their legal proceedings as 87% never do.
One of the major misperceptions, and frankly key areas of frequent false reporting, is that asylum seekers are in fact provided with a legal right to free reign of the country while seeking status. This is demonstrably false. The governing law is the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. Under the law, all asylum seekers are to be detained and are to remain under detention until their asylum case has been heard or until officials have determined they pose no threat to society. If it’s the later, bail – or a bond, must be paid to the federal government. A 2015 study found the range in bond costs were $10,667 to $80,500. So, in short, unless these three migrants were federally detained, officially screened and deemed to pose no threat to society, subsequently paid a minimum of greater than $10,000 each in bond money – they lack no legal status within the United States of America – and thus lack legal standing to claim their rights were violated. Which yes, makes them and every other asylum seeker who doesn’t complete that process an illegal immigrant by definition.
Just as our legal system provides for the allowance of innocence until one is proven guilty, our asylum process works similarly. Someone who lacks legal status in this country isn’t afforded all of the rights legal citizens have until and unless they’ve proven to lack legal status before a judge. The law clearly places the burden of proof on those seeking asylum to prove their legitimacy first. As an aside, the real victims in this process with the effects of Biden’s open border, are the vast minority who are legitimate asylum seekers. With the system overwhelmed and 4+ years now being needed for what once only took months is an affront to them. A more honest and fact-based news media would report such things. The Biden administration choosing not to enforce federal law, doesn’t mean the law doesn’t apply. That’s especially true when lawsuits are involved. And it most certainly doesn’t provide illegal immigrants with the rights legal citizens have.