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View Full Version : Federal court blocks Trump asylum rules hours after judge ruled to keep restrictions in place




Zippyjuan
07-24-2019, 07:41 PM
https://www.foxnews.com/politics/trump-admin-scores-win-over-move-to-limit-asylum-claims


A federal judge in California on Wednesday blocked the Trump administration from imposing restrictions on individuals seeking asylum in the United States, just hours after a judge in Washington had decided to let the rule stand while lawsuits play out in court.

The rule, published in the Federal Register last week, required people seeking asylum to apply first in one of the countries they cross on their way to the U.S. -- with certain exceptions. It targeted tens of thousands of Central Americans who have crossed Mexico each month trying to enter the U.S.

The rule was met quickly with a legal challenge from advocacy groups, who moved for a temporary restraining order blocking the rule. After a hearing in Washington, D.C. federal court, District Judge Timothy J. Kelly denied the motion. But hours later, U.S. District Judge Jon Tigar in San Francisco, an Obama appointee, blocked the enforcement of the rule. His ruling took effect immediately.

"The court recognized, as it did with the first asylum ban, that the Trump administration was attempting an unlawful end run around asylum protections enacted by Congress," said ACLU attorney Lee Gelernt in a statement.

Melissa Crow, a senior supervising attorney with the Southern Poverty Law Center called Tigar's block, "an important victory for incredibly vulnerable individuals and families from besieged Central American countries seeking refuge in our country."

The White House had earlier called the decision to uphold the Trump administration's rule "a victory for Americans concerned about the crisis at our southern border," adding, "Tens of thousands of migrants making opportunistic asylum claims have not only exacerbated the crisis at our southern border but also have harmed genuine asylum seekers, who are forced to wait years for relief because our system is clogged with meritless claims."

Kelly, who was appointed to the bench by President Trump said the immigrant advocate groups who filed the lawsuit did not show that their work would be irreparably harmed if the policy moved forward.

With certain exceptions, the rule requires individuals to apply for and be denied asylum in another country in order to apply in the U.S. That means that migrants from Central American nations who travel through Mexico – who make up a significant portion of recent asylum seekers – will not be eligible for asylum in America unless they previously applied for asylum in Mexico or any other country they traversed and were turned down.

The new rule’s exceptions include certain cases of human trafficking.

The rule is meant to crack down on asylum seekers coming to the U.S. more for economic reasons than to escape persecution in their home countries. Administration officials say this could help close the gap between the initial asylum screening that most people pass and the final decision on asylum that most people do not win. The goal in part is to allow quicker determinations in these cases.

More at link.

Swordsmyth
07-24-2019, 07:43 PM
Trump should ignore the second judge.

This will be overruled.

Zippyjuan
07-24-2019, 07:44 PM
They can't force a country to accept applications. They tried to get Guatemala to agree and they refused. And in a "shocker", Trump is threatening sanctions on Guatemala in retaliation (he already cut off aid to the country).

https://www.reuters.com/article/us-usa-immigration-guatemala/guatemala-postpones-trump-summit-says-will-not-sign-safe-third-country-deal-idUSKCN1U90G8


Guatemala postpones Trump summit, says will not sign 'safe third country' deal

Guatemala postpones Trump summit, says will not sign 'safe third country' deal.

Under such a deal, Guatemala would be obliged to offer asylum to migrants who entered its territory en route to the United States. Migrants from Honduras and El Salvador heading to the U.S.-Mexican border overland usually cross into Mexico via Guatemala.

Guatemala courts also blocked the deal. https://www.reuters.com/article/us-usa-immigration-guatemala/guatemalan-court-halts-safe-third-country-designation-for-asylum-seekers-idUSKCN1UA1TK

oyarde
07-24-2019, 08:37 PM
I see no reason to support asylum here .

Swordsmyth
07-24-2019, 08:42 PM
The law actually says that the courts have no oversight of the AG's rulemaking about this.

phill4paul
07-24-2019, 08:42 PM
Trump is threatening sanctions on Guatemala in retaliation (he already cut off aid to the country).



Fucking awesome. Great President.

Occam's Banana
07-25-2019, 05:24 PM
https://www.foxnews.com/politics/trump-admin-scores-win-over-move-to-limit-asylum-claims


After a hearing in Washington, D.C. federal court, District Judge Timothy J. Kelly denied the motion. But hours later, U.S. District Judge Jon Tigar in San Francisco, an Obama appointee, blocked the enforcement of the rule. [...]

Kelly, who was appointed to the bench by President Trump said [...]

[all emphasis (and all lack thereof) in the OP. - OB]

More at link.

Why did you emphasize the fact that Kelly is a Trump appointee while not doing the same for the fact that Tigar is an Obama appointee?

Is the former fact supposed to indicate something that the latter does not? If so, what? If not, why emphasize it?

In short: what's your point? :confused:

Swordsmyth
07-25-2019, 05:32 PM
Why did you emphasize the fact that Kelly is a Trump appointee while not doing the same for the fact that Tigar is an Obama appointee?

Is the former fact supposed to indicate something that the latter does not? If so, what? If not, why emphasize it?

In short: what's your point? :confused:

ORANGE MAN BAD!