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95 Temp. L. Rev. Online 1 (2023)

handle is hein.journals/tlro95 and id is 1 raw text is: 















                             COMMENT



       REMAIN IN MEXICO: THE MIGRANT PROTECTION

                 PROTOCOLS' FAILURE TO PROTECT*


                                  I.   INTRODUCTION

     Only   days before  the 2018   midterm  election, President  Donald  Trump   called
immigrants,  or asylum  seekers, fleeing violence an invasion.1 It was not unusual  for
Trump   to use this type of pejorative language   Trump   had  publicly used demeaning
terms  such as predator and  killer to refer to immigrants at the southern border not
once or twice, but over 500 times.2 Though Trump   insisted his intention was not to create
division,3 political commentators  have  noted that the repetitive use of dehumanizing
rhetoric was a purposeful  tool used to engender a view  of immigrants  as a threat to the
safety of the United   States.4 Trump  responded  to  his base's support  for one of  his
headline  issues by  enacting  measures  aimed  at undercutting  immigration   flow  and
attacking the asylum  system.5 Specifically, the Trump administration was  determined to
decrease the rate of migration across the southern border.6 Among the myriad  of changes


    *  Angela Stoltzfus, J.D. Candidate, Temple University Beasley School of Law, 2023. Thank you to Dean
Jaya Ramji Nogales for her thoughtful guidance and feedback, to Temple Law Review (particularly the staff
editors) for truly excellent editorial support, including hours and hours of review, and to my family and friends
for their unending support and encouragement.
     1. Eugene Scott, Trump's Most Insulting - and Violent - Language Is Often Reserved for Immigrants,
WASH.   POST   (Oct. 2,  2019,   3:21  PM),  https://www.washingtonpost.com/politics/2019/10/02/
trumps-most-insulting-violent-language-is-often-reserved-immigrants/ [https://perma.cc/Y6GN-VP8K].
    2.  John Fritze, Trump Used Words Like Invasion' and 'Killer' to Discuss Immigrants at Rallies 500
Times: USA Today Analysis, USA TODAY (Aug. 21, 2019, 10:18 AM), https://www.usatoday.com/story/news/
politics/elections/2019/08/08/trump-immigrants-rhetoric-criticized-el-paso-dayton-shootings/1936742001/
[https://perma.cc/9LPM-NYU5].
    3.  Scott, supra note 1.
    4.  Fritze, supra note 2. (Trump does nothing by accident.... The use of repetition - a propaganda
mainstay - points to an intention by Trump to impose a way of thinking about his designated targets. (internal
quotation marks omitted)).
    5. See JESSICA BOLTER, EMMA  ISRAEL & SARAH  PIERCE, FOUR YEARS OF PROFOUND  CHANGE:
IMMIGRATION  POLICY  DURING  THE  TRUMP  PRESIDENCY         (Migration Policy  Institute, ed. 2022),
https://www.migmtionpolicy.org/research/four-years-change-immigration-trump
[https://perma.cc/F3XX-2HDY] (providing overview of immigration policies over Trump's presidential term,
including travel bans, immigration enforcement, and deferred action programs); see also ANDREW I.
SCHOENHOLTZ, JAYA RAMJI-NOGALES & PHILIP G. SCHRAG, END OF ASYLUM 67-86 (2021) (discussing various
measures Trump enacted to decrease the rate of asylum grants).
    6. See Grant Rates Plummet as Trump Administration Dismantles US. Asylum System, Blocks and
Deports  Refugees, HUMAN   RIGHTS  FIRST  (June 11,  2020), https://humanrightsfirst.org/library/
grant-rates-plummet-as-trump-administration-dismantles-u-s-asylum-system-blocks-and-deports-refugees/


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