PHOENIX – A U.S. judge on Friday lifted the Trump administration’s largest asylum restrictions, two weeks before President – elect Joe Biden took office.
The rules are set to take effect on Monday. The court order limits the immediate impact, as the government has largely stopped seeking asylum at the U.S.-Mexico border during corona virus outbreaks.
However, enforcing the rules will make it more difficult for asylum seekers and asylum seekers once the asylum-related measures are removed.
The administration of President Donald Trump has argued that these actions are an appropriate response to an abusive organization and are riddled with inappropriate claims.
They sought to redefine how people deserve asylum and similar humanitarian protection when confronted with harassment at home. These restrictions would have expanded a judge’s reasons for treating asylum applications as “trivial” and preventing applicants from ever defending protections in the United States.
U.S. District Judge James Donado in San Francisco sided with prosecuting groups, saying Homeland Security Secretary Chad Wolf had no authority to act.
Donado, who was appointed to the bench in 2013 by President Barack Obama, wrote that the appointment of the wolf violates the order established in the aftermath. He said this was the fifth time the court had ruled against Homeland Security on the same basis.
“The government has recycled the same legal and factual claims made in previous cases, as they have not been rejected in the well-reasoned opinion of many courts,” Donado wrote. “It’s a complicated litigation strategy. As a result, the government keeps crashing into the same car at a gate, hoping it might break down one day.”
Donado said his ruling would apply nationwide because restricting its scope would “lead to fragmented and contradictory patchwork of immigration policy.”
It was not immediately clear whether the Trump administration would make an urgent appeal. The judiciary did not immediately respond to a request for comment late Friday.
Plaintiffs’ attorney, Aaron Frankel, said it was “less than an attempt to end the asylum system.”
Asylum is a legal protection designed for people fleeing persecution based on their race, religion, nationality, political beliefs or membership of a community group. Under U.S. asylum law and international contract obligations, any foreigner who sets foot on U.S. soil has the legal right to seek asylum.
The rules will reduce the severity of threats and intimidation granted by the asylum seeker. Applicants seeking protection on the basis of gender or targeted by their gangs, “rogue” government officials or “NGOs” are ineligible for asylum.
Immigration judges will be advised to be highly selective about seeking asylum and to allow most applications to be rejected without a court hearing.
They would have weighed in on a number of new factors against an applicant’s ability to overcome defenses, including failing to pay taxes on them. Criminal records will still be counted even if the asylum seekers’ charges are dropped.
Under the epidemic-related measures in place since March, nine out of every 10 people stopped at the border are immediately evacuated on public health grounds. The rest are enforced under immigration laws, which include the right to seek asylum.
Donado took issue with how the people came to lead the Department of Homeland Security. Wolf became acting secretary in November 2019, replacing acting actor Kevin McLean. The courts have ruled that the wolf has improperly jumped to a higher position since he was undersecretary for strategy, policy and programs.
McLean, who, like other judges, was promoted to high-ranking Homeland Security official and said the wolf’s surrender “would have no legal effect.”
Since the resignation of Kirsten Nielsen in April 2019, there has been no confirmed Secretary of the Homeland Security Senate.
As the Trump administration faces a legal setback, it has already established policies restricting asylum seekers, including those seeking asylum in Mexico.
Biden is expected to overturn some of Trump’s restricted asylum measures, including the “stay in Mexico” policy, but recently said his administration would need “the next six months” to rebuild an organization to prevent asylum seekers. Floods of migrants coming to the southern border.
On Friday, the 4th U.S. Circuit Court of Appeals in Richmond, Virginia, ruled against the administration’s policy of granting state and local governments the right to refuse to resettle refugees.
The three-judge panel said Trump’s executive order would require the approval of state and local agencies before allowing refugees to stay in their areas, undermining the 1980 Refugee Act. That law, set by Congress, is designed to allow resettlement agencies to find the best place for a person to thrive when working with local and state officials.