Trump's immigration agenda faces serious legal hurdles, no matter who is homeland security secretary

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Trump's immigration agenda faces serious legal hurdles, no matter who is homeland security secretary
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To hear Pres. Trump tell it, reducing migration into the U.S. is all about political will. But several legal experts tell ABC News his to-do list on immigration is hugely unrealistic.

President Donald Trump greets Homeland Security Secretary Kirstjen Nielsen after he arrived at Naval Air Facility El Centro, in El Centro, Calif., Friday April 5, 2019.," Trump told reporters last week. "They have to get rid of the whole asylum system because it doesn’t work. And, frankly, we should get rid of judges. You can't have a court case every time somebody steps their foot on our ground."is hugely unrealistic. The bulk of his agenda requires congressional action.

Under U.S. and international law, people have the right to approach the border and claim asylum. To change that, Trump would need to do two things: convince Congress to change the law and withdraw from an international agreement thatUndocumented migrants wait for asylum hearings outside of the port of entry in Tijuana, Mexico, June 18, 2018.

Trump tried to get around this mandate with “zero tolerance,” a policy that detained the adult and put the child in government custody. But he was forced to backtrack amid a public outcry and federal court ruling ordering that the families be reunited. A California judge blocked the policy Monday following a law suit from advocacy organizations representing migrants who had been returned in recent months. The decision centered on the abrupt implementation of the policy that violated administrative procedures which require more planning and deliberation before a policy can go into effect.

“They should have been doing this a year ago," Krikorian said. "It needs to be rolled out across the border and apply to more people.”Legally, Trump’s best option is probably trying to stop people from coming in the first place. His administration, under Nielsen, has proposed encouraging people to apply for asylum while they are still living in their home country.

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