During a surge in unaccompanied children and women from Mexico in summer 2014, Sen. Dianne Feinstein advised President Barack Obama to use “very broad power” to limit asylum — similar to the Trump administration’s current approach to citizens of Central American countries marching toward the U.S. border.
In a letter obtained by the Washington Examiner, Feinstein talked up “an argument that there is sufficient flexibility in current law for the government to respond to the current crisis and that further legislation is not needed.” The California Democrat referred to Section 212(f) of the Immigration and Nationality Act, which allows the president to temporarily limit or suspend entry of would-be immigrants if the president considers their entry “detrimental to the interests of the United States.”
As a result, Feinstein argued that “no legislation is necessary to give your administration the tools it needs to respond to this crisis, and that any needed temporary measures can be implemented through presidential action.”
Feinstein’s office did not immediately respond to request for comment.
The Trump administration on Thursday announced new executive actions to limit the ability of migrants headed to the U.S. southern border to obtain asylum. The administration cited Section 212(f) of the Immigration and Nationality Act. The move has drawn criticism from pro-immigration groups in the U.S. and observers abroad.
The executive orders were unveiled by Acting Attorney General Matthew Whitaker and Department of Homeland Security Secretary Kirstjen Nielsen, as several caravans of migrants are headed to the U.S. from Central America.
“Consistent with our immigration laws, the President has the broad authority to suspend or restrict the entry of aliens into the United States if he determines it to be in the national interest to do so,” a statement from Whitaker and Nielsen said.
The executive actions took effect Friday with an official proclamation by President Trump, which prohibits migrants from seeking asylum if they enter the country illegally. Instead, migrants may only seek asylum at official ports of entry “where they would be processed in a controlled, orderly, and lawful manner.”
