Individuals who are looking to seek asylum typically need only be present in the United States and qualify as a refugee. That means that a person could cross the border from Mexico into California and ask for protection. However, President Trump wants migrants to ask for asylum in another country first before they decide to do so in the United States. This could be problematic for many different reasons.
One of the problems that a migrant could face is that it may not be possible to seek asylum in another country. This is because there may be no formal asylum process to go through. Another issue is that a person may not be safe in any other country other than the United States. Additionally, some countries in Central America may not have the resources to handle an influx of immigrants from neighboring nations.
Some say that President Trump's safe third country plan would change America's definition of "refugee". Doing so could go against the 1967 Protocol, which the United States is a part of. The 1967 Protocol removed limitations on who could be considered a refugee, which was first defined by the United Nations in 1951. The United States also passed the Refugee Act of 1980, which further codified what it meant to be eligible for refugee status.
Those who are seeking entry into the country may want to work with an attorney who has experience in U.S. immigration law . This may make it easier to craft an argument that convinces a judge to grant asylum or some other legal status to an immigrant.