Phoenix – Last Friday, a US judge blocked the Trump administration’s most thorough set of asylum restrictions. President-elect Biden took office less than two weeks before.
The rule is scheduled to take effect on Monday. The immediate impact of the court order is limited because during the coronavirus pandemic, the government has largely suspended asylum at the US-Mexico border due to public health considerations.
Nonetheless, some people who can still claim asylum still feel that these rules will take effect, and it will be more difficult for all asylum seekers once pandemic-related measures are removed.
President Trump’s administration believes that these measures are an appropriate response to a system that has been overwhelmed by abuse and is full of valueless propositions.
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They are trying to redefine how people obtain asylum and similar forms of humanitarian protection when they are persecuted in the country. These restrictions will expand the judge’s view that asylum applications are “understated” and prohibit applicants from obtaining protection in the United States.
U.S. District Court Judge James Donato (James Donato) backed the prosecution defense group, saying that the acting secretary of the Department of Homeland Security Chad Wolf lacks the power to implement comprehensive rules.
Donato, who was appointed to the bench by President Barack Obama in 2013, wrote that Wolfe’s appointment violated the established order of succession. He said this is the fifth time the court has ruled against the Department of Homeland Security on the same grounds.
Donato wrote: “The government has retracted the exact same legal and factual requirements as in the previous case, as if some courts have not rejected these requirements with reasonable grounds.” “This is a disturbing litigation strategy. In fact, The government has been ramming the same car into the gate, hoping to break through one day.
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Donato said that his ruling applies nationwide because limiting its scope “will lead to fragmentation and decentralization of immigration policy.”
It is not clear whether the Trump administration will make an urgent appeal. The Justice Department did not immediately respond to a request for comment later on Friday.
Plaintiff’s lawyer Aaron Frankel called the rule “nothing more than an attempt to end the asylum system.”
Asylum is a legal protection measure designed to provide asylum to people who are persecuted because of their race, religion, nationality, political beliefs or joining a social group. According to U.S. asylum laws and international treaty obligations, any foreigner who sets foot on U.S. soil has a legal right to asylum.
The rule will reduce the type of persecution and the severity of the threat to asylum. Applicants seeking gender-based protection or those who claim that they are gangs, “rogue” government officials or “non-state organizations” as targets may not be eligible for asylum.
Immigration judges will be instructed to be more selective in approving asylum applications and allow them to reject most applications without court hearings.
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They will also weigh some new factors that are detrimental to the applicant’s ability to obtain protection, including failure to pay taxes. Even if the conviction is cancelled, the criminal record will still affect asylum seekers.
According to pandemic-related measures that have been in effect since March, about nine out of nine people who stopped at the border were immediately deported for public health reasons. The rest are handled under immigration law, which includes the right to seek asylum.
Donato questioned how people lead the Department of Homeland Security. Wolfe became acting secretary in November 2019, succeeding Kevin McAleenan, who was also acting as an acting secretary. The court ruled that Wolf had improperly jumped from the position of deputy minister of strategy, policy and planning to the top position.
Donato, like other judges, said that McAllinan, who was once the chief of Customs and Border Protection, was also promoted to the highest post in the Department of Homeland Security, which made his transfer to Wolf “no legal effect at all.”
Since Kirstjen Nielsen resigned in April 2019, the Department of Homeland Security has not had a secretary confirmed by the Senate.
Although the Trump administration faces legal setbacks, it has formulated a series of asylum restrictions, including allowing asylum seekers to wait in Mexico while their claims are heard in US courts.
Biden is expected to overturn some of Trump’s restrictive asylum measures, including the “keep in Mexico” policy, but recently stated that the Biden administration will need to “probably within the next six months” re-establish an asylum seeker System to prevent terrorist attacks. A large number of immigrants reached the southern border.
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Also on Friday, the Fourth Circuit Court of Appeals in Richmond, Virginia ruled against the government’s policy of granting state and local governments the right to refuse resettlement of refugees.
The three-judge panel said that Trump’s executive order requires state and local entities to agree before allowing refugees to be resettled in their own areas, which would undermine the 1980 Refugee Act. The law made by Congress is designed to enable immigration resettlement agencies to find the best place to grow people who work with local and state officials.