The federal court on Tuesday night maintained the challenge to the Trump administration’s asylum restrictions, especially a 2019 rule that requires seekers to seek asylum near their homes.
U.S. District Court Judge Timothy K. Kelly of Washington, DC, favored immigration nonprofits and asylum seekers. They argued that the rule was called the “Third Nations Asylum Rule,” which was administered by the Department of Justice and the U.S. Justice. Published jointly by the Ministry. The Department of Homeland Security violated the Immigration and Nationality Law.
Kelly was appointed as a federal member by Donald Trump in 2017. He agreed that when adopting the policy, the government did not comply with the Federal Administrative Procedure Act (APA), which requires Americans to have sufficient The time and opportunity to weigh changes in such rules.
The judge believes that the Immigration and Nationality Act generally allows anyone who arrives in the United States to apply for asylum, with some exceptions, including those with criminal records.
Kelly wrote: “In many cases, the court properly complies with the Chief Executive’s National Security Judgment.” “But determining the scope of the APA exception is not one of them.”
The judge pointed out that the Supreme Court had blocked an earlier injunction against the rule until the United States Court of Appeals for the Ninth Circuit confirmed the overthrow of the rule.
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The move on Tuesday night was a major blow to the government’s toughest asylum policy, following the Supreme Court’s decision on June 18 to insist on the “Delay Children’s Arrival Action” plan, which has made nearly 800,000 young people called dreamers People avoid being deported. .
The rules of the third country seem to be aimed at Central American immigrants who claim they are fleeing gang violence. Trump vowed to stop immigration treks through Mexico, including so-called caravans.
The rule essentially forced asylum seekers in Honduras, Guatemala and El Salvador to seek asylum in Mexico before seeking help from the United States.
Neal Katyal, a former attorney for MSNBC’s legal analyst, said Tuesday night: “This decision invalidates Trump’s asylum ban on the southern border.” Twitter.
Ketier said he was the party that the plaintiff questioned. He said the ruling will take effect immediately.
Up TwitterAaron Reichlin-Melnick, an immigration lawyer for the US Immigration Commission, called the decision “a remarkable victory.”
This effect may not be felt immediately along the US-Mexico border. Kelly wrote: “Recent administrative actions related to the pandemic seem to have effectively closed the southern border to foreigners seeking asylum indefinitely.”
Last week, a federal judge in Los Angeles ordered the release of children detained in three family detention centers in the country because of the danger of a coronavirus pandemic.
The Trump administration did win last week when the Supreme Court ruled that some asylum seekers could be expelled quickly.