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US Judge overturns Trump border rule requiring immigrants to first claim asylum in another country

07:51  01 july  2020
07:51  01 july  2020 Source:   nbcnews.com

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The rule , which goes into effect Tuesday, denies protections to migrants who failed to apply for asylum in the first country they passed through on their way to Guatemalans would have to apply for and be denied asylum in Mexico. The rule would effectively limit asylum protections to Mexicans and those

The Trump Administration announced rules that migrants coming from Central America who have passed through other countries en route to the On July 15, the Trump Administration announced the change to asylum rules making it so that migrants had to have made an asylum claim at a previous

A federal court Tuesday night upheld a challenge to the Trump administration's asylum restrictions, namely a 2019 rule that requires seekers to ask for asylum closer to home.

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U.S. District Court Judge Timothy J. Kelly of the District of Columbia ruled in favor of immigrant nonprofits and asylum seekers who argued that the eligibility of the rule known as the "Third-Country Asylum Rule," which was jointly published by the U.S. Department of Justice and the Department of Homeland Security, wrongly violated the Immigration and Nationality Act.

Kelly agreed that in adopting the policy, the administration did not abide by the federal Administrative Procedure Act, which requires that Americans have enough time and opportunity to weigh in on such rule changes.

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A federal judge said the government cannot require asylum seekers to ask for shelter in another country A federal judge on Monday issued a nationwide order barring a Trump administration policy that Guatemalans would first have to be denied asylum in Mexico. The rule reversed longstanding

Judge blocks Trump administration from denying asylum claims to immigrants who cross border illegally. In recent days, administration officials have maintained that there is a crisis at the border and that abuses in asylum claims forced them implement new measures.

The Immigration and Nationality Act, the judge argued, generally allows anyone who has made it to U.S. soil to apply for asylum, with some exceptions, including for those with criminal records.

"There are many circumstances in which courts appropriately defer to the national security judgments of the Executive," Kelly wrote. "But determining the scope of an APA exception is not one of them."

Tuesday night's move is a major blow to the administration's toughest asylum policy and comes on the heels of the U.S. Supreme Court's June 18 decision to uphold the Deferred Action for Childhood Arrivals program, which has allowed nearly 800,000 young people, known as Dreamers, to avoid deportation.

The third-country rule appeared to be aimed at Central American migrants who claimed they were fleeing gang violence. President Donald Trump has vowed to halt the migrants' treks, including so-called caravans, through Mexico.

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The order — which directs immigration judges to deny some migrants a chance to post bail — will not go into effect for 90 days. At a recent campaign rally, Mr. Trump said that some asylum claims were a “big fat con job” and that migrants were met at the border by lawyers eager to press those claims .

The Trump administration has announced new immigration rules ending asylum protections for almost all migrants who arrive at the US-Mexico border , in violation of both US and international law. According to the new rules , any asylum seekers who pass through another country before arriving

The rule has essentially forced asylum-seeking migrants from Honduras, Guatemala, and El Salvador to first seek it from Mexico before asking the United States for help.

"This decision invalidates Trump's 'asylum ban' at the Southern border," former Acting Solicitor General and MSNBC legal analyst Neal Katyal said on Twitter Tuesday night. "The decision by Judge Kelly, who President Trump appointed to the bench in 2017, goes into effect immediately."

Katyal said he was a party to the plaintiffs' challenge.

The judge noted that the U.S. Supreme Court blocked an earlier injunction against the rule until the U.S. Court of Appeals for the Ninth Circuit affirmed overturning the rule.

The impact might not be immediately felt along the U.S.-Mexico border. Kelly wrote that the "recent pandemic-related administrative action appears to have effectively closed the southern border indefinitely to aliens seeking asylum.

Last week a federal judge in Los Angeles ordered the release of children held in the country’s three family detention centers because of the danger posed by the coronavirus pandemic.

The Trump administration did record a win Thursday when the Supreme Court ruled that some asylum seekers can be fast-tracked for deportation.

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