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4A Friday, December 21,2018
The Times, Gainesville, Georgia | gainesvilletimes.com
★ WASHINGTON/POLITICS
Migrants to stay in Mexico as asylum is weighed
BY MOLLY O’TOOLE
Associated Press
WASHINGTON — Thousands
of migrants seeking asylum in the
U.S. will be forced to wait in Mexico
while their cases are considered —
a process that can often take well
over a year — the Trump admin
istration and Mexico’s government
announced Thursday.
The dramatic change in long
standing U.S. policy will alter life
for tens of thousands of Central
Americans stuck on the border.
Homeland Security Secretary
Kirstjen Nielsen hailed the shift as
a “historic” measure that would
“bring the illegal immigration crisis
under control.”
‘“Catch and release’ will be
replaced with ‘catch and return,”’
Nielsen said in a statement.
But opponents called the move
a misguided denial of a well-estab
lished legal right to seek protec
tion in the U.S. from persecution in
other countries.
Rep. Joaquin Castro, a Texas
Democrat and the incoming chair
man of the Congressional Hispanic
Caucus, called the new policy “the
single biggest assault to date by this
administration on the world’s most
vulnerable populations coming to
America — legally — and in search
of a better life.”
Democratic lawmakers and
immigration advocates tied the
policy shift to Trump’s frustrations
over his inability to get Congress to
pay for his proposed border wall.
The president is “refusing to
admit defeat” Rep. Bennie G.
Thompson of Mississippi, the rank
ing Democrat on the House Home
land Security committee, said in a
statement. “The administration is
now hell-bent on taking out its frus
tration on vulnerable people fleeing
violence by making our asylum pro
cess even more difficult.”
Under current policy, asylum
applicants are often detained in
the U.S. while their petitions move
through the system. Because of the
large caseload, lengthy backlog,
and a shortage of detention space,
many are ultimately given a court
date and released, a practice that
Trump has repeatedly denounced.
Under the new policy, migrants
who enter the United States
from Mexico and ask for asylum,
whether or not they present them
selves to U.S. authorities at a legal
port of entry, may be returned to
Mexico while they await further
proceedings.
That would be a major change
for Mexico, which traditionally
has refused to accept the return
of migrants who aren’t Mexican.
Under the new policy, which the
U.S. imposed unilaterally, but which
Mexico said it would coop
erate with “on a temporary
basis,” third-party nationals
or non-Mexican migrants
will be allowed to remain
in Mexico due to “humani
tarian reasons,” officials at
Mexico’s embassy in Wash
ington said.
“Mexico reaffirms its
sovereign right to admit or
reject the entry of foreigners into
its territory, in the exercise of its
migration policy,” Mexico’s foreign
ministry said in a statement, adding
that Mexico was taking the steps
“for the benefit of the migrants”
and to “protect their right” to claim
asylum in the United States.
The foreign ministry said Mexico
had rejected a U.S. proposal known
as “safe third country,” under
which Central Americans seek
ing asylum would generally have
to seek protection in Mexico, not
in the U.S., similar to a U.S. under
standing with Canada. The new
policy preserves the right of Cen
tral Americans and others arriving
at the southwest border to apply for
asylum in the United States.
Domestic critics, however, are
likely to assail Mexico’s new gov
ernment for doing Washington’s
bidding, a criticism leveled at the
previous Mexican admin
istration. At U.S. urging,
former President Enrique
Pena Nieto bolstered
enforcement along Mexi
co’s southern border, and
in recent years, Mexico
has deported more Central
Americans than the United
States has.
Many of the mechan
ics of the agreement are still being
worked out, Homeland Security
officials told reporters. Migrants
given a “notice to appear” will
have access to immigration attor
neys and to the United States for
court hearings, they said, but how
asylum applicants will be noti
fied of changes in court dates and
other developments in their cases
remains unclear.
Also uncertain is whether their
cases would be heard in immigra
tion courts in U.S. border cities
such as San Diego and El Paso, or in
other venues.
People whose claims are ulti
mately upheld by U.S. judges will
be allowed into the United States,
while others will be deported to
their home countries, the officials
said.
Trump has consistently sought to
frame the situation at the border as
a problem of illegal immigration.
He maintains that the southwestern
border is being “overrun” by immi
grants crossing illegally, many of
whom he claims are “criminals”
and terrorists.”
The new policy, however, targets
asylum-seekers — many, perhaps
most, of whom are not violating U.S.
laws.
Apprehensions at the border —
the most common measure of ille
gal immigration — are near historic
lows. In the fiscal year that ended
in September, border authorities
apprehended 521,090 people. By
comparison, from the 1980s to the
mid-2000s, the government usually
apprehended more than 1 million
migrants a year.
The number of families arriving
at the border and asking for asylum,
however, has increased, and the
administration says that the Bor
der Patrol has been overwhelmed
by the surge. In November, Border
Patrol agents apprehended 25,172
family members on the border, a
record, and 5,283 unaccompanied
minors.
Nielsen
Trump’s AG pick critical
of Mueller probe in memo
BY ERIC TUCKER
ASSOCIATED PRESS
WASHINGTON — Presi
dent Donald Trump’s pick
for attorney general, Wil
liam Barr, sent an unsolic
ited memo to the Justice
Department this year criti
cizing a central prong of
the special counsel’s Russia
investigation, attacking as
“fatally misconceived” the
idea the president could
have obstructed justice.
The memo, sent in June
while Barr was in private
practice and months before
he was selected by Trump
for the Justice Department
job, could factor into his
future confirmation hear
ings before the Senate Judi
ciary Committee and may
prompt questions about his
ability to oversee the special
counsel’s investigation in an
open-minded and impartial
manner.
The document argues
there could be disastrous
consequences for the Jus
tice Department and the
presidency if special coun
sel Robert Mueller were to
conclude that acts a presi
dent is legally permitted to
take — whether firing an
FBI director or granting a
pardon — could constitute
obstruction because of a sub
jective determination that
they were done with corrupt
intent.
“Mueller should not be
permitted to demand that
the President submit to
interrogation about alleged
obstruction,” Barr wrote.
“Apart from whether Muel
ler (has) a strong enough
factual basis for doing so,
Mueller’s obstruction theory
is fatally misconceived.”
Barr acknowledged that
a president can commit
obstruction of justice by
destroying evidence or tam
pering with witnesses. But,
he said, he is unaware of any
accusation like that in the
Mueller investigation, and
he said it would “do lasting
damage to the Presidency
and to the administration
of law within the Executive
branch” if an act like the
firing of ex-FBI chief James
Comey could amount to
obstruction.
Some Senate Democrats,
including Minority Leader
Chuck Schumer, expressed
alarm over the memo. The
outgoing Republican chair
man of the Senate Judiciary
Committee, Sen. Chuck
Grassley, said he was con
fident Barr would address
questions over it, noting: “It
may be a very serious issue,
or it may be a less serious
issue. Or it may not be an
issue at all.”
Sen. Lindsey Graham,
the incoming committee
chairman, said he wasn’t
bothered by the document
though he noted he didn’t
agree with everything in it.
“People can have opin
ions. They can express
them,” Graham said. “They
can be advocates. It doesn’t
mean they’re disqualified.”
Mueller and his team of
prosecutors have spent the
last year and a half investi
gating not only whether the
Trump campaign coordi
nated with Russia but also
whether the president might
Barr
have obstructed justice by,
among other actions, asking
Comey to drop an investiga
tion into his national secu
rity adviser and firing the
FBI director months later.
That firing paved the way
for Mueller’s appointment.
In drafting the document,
Barr weighed in
on contentious
legal questions sur
rounding the scope
of the president’s
executive power.
Trump and his law
yers have resisted
answering ques
tions related to the
obstruction inquiry,
saying prosecutors
can’t second-guess actions
the president takes in office.
“I know you will agree
that, if a DOJ investiga
tion is going to take down
a democratically-elected
president, it is imperative to
the health of our system and
to our national cohesion that
any claim of wrongdoing is
solidly based on evidence of
a real crime — not a debat
able one,” Barr wrote.
“It is time to travel well-
worn paths; not to veer into
novel, unsettled or contested
areas of the law; and not to
indulge the fancies by over-
zealous prosecutors,” he
added.
The memo’s existence
was first reported by The
Wall Street Journal.
It was sent to Deputy
Attorney General Rod
Rosenstein, who appointed
Mueller, and to Steven
Engel, the head of the Jus
tice Department’s Office of
Legal Counsel, which pro
vides legal advice to execu
tive branch agencies. The
document was produced to
the Judiciary Committee,
which released it along with
questionnaire responses that
Barr submitted to the panel.
Rosenstein downplayed
its significance at an unre
lated news conference
Thursday, defending Barr’s
record as attorney general
— he served from 1991
to 1993 under President
George H.W. Bush — and
saying he’ll be “outstand
ing” again if confirmed for
the job.
“Lots of people offer opin
ions to the Department of
Justice, but they don’t influ
ence our own decision mak
ing,” Rosenstein said. “We
have very experi
enced lawyers and
obviously our deci
sions are informed
by our actual knowl
edge of the facts of
the case, which Mr.
Barr didn’t have.”
The memo adds
to a record of other
statements from
Barr over the last
year or so about the Mueller
investigation. Those include
comments to a newspaper
expressing concern that
multiple members of the
Mueller team had made
political contributions to
Democratic political candi
dates. Acting Attorney Gen
eral Matthew Whitaker has
criticized the investigation
in even more pointed ways.
A spokesman for Mueller
declined to comment.
Justice Department
spokeswoman Kerri Rupee
said Barr’s views were
based solely on publicly
available information and
were expressed “on his own
initiative.” In the memo,
Barr says he is writing “as a
former official deeply con
cerned with the institutions
of the Presidency and the
Department of Justice.” He
acknowledged he was “in
the dark about many facts.”
Rupee said in a statement:
“Following the announce
ment of Mr. Barr’s nomi
nation, senior Department
ethics officials were con
sulted and advised that,
under the applicable rules
of professional conduct, Mr.
Barr’s memo would present
no conflict as to his duties as
Attorney General. Mr. Barr
has stated that, if confirmed,
he will make any decisions
based on the actual facts
and circumstances of any
particular matter.”
EARLY DEADLINES FOR
CHRISTMAS DAY
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December 25th, in observance of Christmas.
Dems to start presidential
primary debates June 2019
BY BILL BARROW
Associated Press
Democrats will hold
at least a dozen presi
dential primary debates
starting in June 2019 and
running through April
2020, with party Chair
man Tom Perez prom
ising rules that will give
everyone in a potentially
large field a fair shot at
voters’ attention.
Making public his first
in a series of decisions
on the 2020 debate cal
endar, Perez said Thurs
day that the national
party will sponsor six
debates in 2019 and six
more in 2020. That could
be extended if the nomi
nation process drags
deep into the spring.
Exact dates, loca
tions, media partners
and qualifying thresh
olds will be announced
in early 2019. But Perez
says early voting states
of Iowa, New Hamp
shire, Nevada and South
Carolina won’t host
debates until 2020.
The first two debates
in June and July will
have two rounds, pos
sibly over two nights,
to accommodate what
is expected to be an
unwieldy field. Candi
dates will be assigned
at random, Perez said,
to avoid the party pick
ing and choosing who
is a top-tier contender,
as Republicans did dur
ing their 2016 primary
debates.
“Democrats want to
put our eventual nomi
nee in the strongest posi
tion possible to defeat
Donald Trump,” Perez
said. He said officials
have “listened to voices
across our party about
how we can make the pri
mary process better” and
set rules that “will help
every candidate feel like
they got a fair shake.”
National figures like for
mer Vice President Joe
Biden and Sens. Elizabeth
Warren of Massachusetts,
Bernie Sanders of Vermont,
Kamala Harris of California
and Cory Booker of New
Jersey likely would have no
trouble qualifying for the
debate stage regardless of
the rules.
But for upstart candi
dates, from governors and
mayors to little-known
members of Congress, get
ting a slot in the initial
debates could be a make-
or-break opportunity. One
such candidate, Rep. John
Delaney of Maryland, has
already invested consid
erable time and money in
Iowa and New Hampshire.
In a statement Thursday, he
called it “encouraging that
the DNC is really embrac
ing a fair process.”
Perez’s announcement
Thursday comes after
months of discussions
among party officials, tele
vision networks and previ
ous presidential campaigns.
Mary Beth Cahill, who ran
Sen. John Kerry’s 2004
presidential campaign, has
led the process for Perez.
EARLY DEADLINES FOR
NEW YEARS DAY
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