Wednesday, July 24, 2019

One Court Declines to Block Trump Rule Barring Most Asylum Petitions, Another Blocks Same Rule [UPDATED 7/24/2019 7pm]

Zolan Kanno-Youngs and  from the NYT report:

A federal judge [in DC] on Wednesday let stand a new rule that bars migrants who failed to apply for asylum in at least one country on their way to the southwest border from obtaining protections in the United States, dealing the Trump administration a temporary win.

Judge Timothy J. Kelly of the Federal District Court in Washington declined to issue a temporary restraining order that would have blocked the government from effectively banning asylum for most Central American migrants, who have been arriving in record numbers this year.

The rule, now being applied on a limited basis in Texas, requires migrants to seek asylum in the first safe country they arrive in — in most of the current cases, Mexico.

UPDATE 7/24/2019 7PM: Hours after the DC ruling, a California judge blocked the same rule. U.S. District Judge Jon S. Tigar issued a nationwide preliminary injunction. “Under our laws, the right to determine whether a particular group of applicants is categorically barred from eligibility for asylum is conferred on Congress,” Tigar wrote. “While the public has a weighty interest in the efficient administration of the immigration laws at the border, it also has a substantial interest in ensuring that the statutes enacted by its representatives are not imperiled by executive fiat,” he added.

Prior ImmigrationProf blog posts discuss the new asylum rule and the lawsuit.


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