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Mullin v. Al Otro Lado · ¶134

It is also the unfortunate reality that, despite the adverse consequences the majority cites, many asylum seekers are desperate enough to flee the persecution they face in their home countries that they are willing to run significant risks to apply for asylum. Far from “overstated,” this counterproductive incentive structure in fact bore out under the metering policy. In 2018, OIG reported that the policy’s “unintended consequences” included that it “le[d] some aliens who would otherwise seek legal entry into the United States to cross the border illegally.” DHS, Special Review— Initial Observations Regarding Family Separation Issues Under the Zero Tolerance Policy 7 (Sept. 2018), https://www.org.dhs.gov/sites/default/files/assets/2018-10/ OIG-18-8-Sep18.pdf (archived at https://perma.cc/LZG35FSE); ibid. (reporting that a Border Patrol supervisor saw “an increase in illegal entries when…
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