Judge blocks administration’s sweeping asylum rules
Asylum is a legal protection designed for people fleeing persecution based on their race, religion, nationality, political beliefs or membership to a social group. Any foreigner who steps on U.S. soil has a legal right to apply for asylum, according to U.S. asylum law and international treaty obligations.
PHOENIX — A U.S. judge on Friday blocked the Trump administration’s most sweeping set of asylum restrictions less than two weeks before Presidentelect Joe Biden takes office.
The rules had been set to take effect Monday. The court order has limited immediate impact because the government has largely suspended asylum at the U.S.-Mexico border during the coronavirus pandemic, citing public health concerns.
Still, letting the rules take effect would have been felt by some who can still claim asylum and make it significantly more difficult for all asylum-seekers once pandemic-related measures are lifted.
President Donald Trump’s administration argued that the measures were an appropriate response to a system rife with abuse and overwhelmed with unworthy claims.
They sought to redefine how people qualify for asylum and similar forms of humanitarian protection if they face persecution at home. The restrictions would have broadened the limiting its reach “would grounds for a judge to deem result in a fragmented and asylum applications “frivodisjointed patchwork of lous” and prohibit appliimmigration policy.” cants from ever winning It was not immediately protections in the U.S. clear if the Trump adminis
U.S. District Judge James tration would make an Donato in San Francisco emergency appeal. The sided with advocacy groups Justice Department did not Immigration judges who sued, saying acting immediately respond to a would be directed to be Homeland Security secrerequest for comment late more selective about granttary Chad Wolf lacked auFriday. ing asylum claims and allow thority to impose the sweepAaron Frankel, an atthem to deny most applicaing rules. torney for plaintiffs, has tions without a court hear
Donato, who wasing.ap-calledtherules“nothing pointed to the bench in 2013 less than an attempt to end They also would have by President Barack Obathe asylum system.” weighed several new factors ma, wrote that Wolf ’s apAsylum is a legal protecagainst an applicant’s ability pointment violated an estabtion designed for people to win protections, among lished order of succession. fleeing persecution based on them failure to pay taxes. He said it was the fifth time their race, religion, nationalCriminal records would still a court has ruled against ity, political beliefs or memcount against an asylumHomeland Security on the bership to a social group. seeker even if their convicsame grounds. Any foreigner who steps on tions were expunged.
“The government has U.S. soil has a legal right to Under pandemic-related recycled exactly the same apply for asylum, according measures in effect since legal and factual claims to U.S. asylum law and inMarch, about nine in every made in the prior cases, as if ternational treaty obliga10 people stopped at the they had not been soundly tions. border are immediately rejected in well-reasoned The rules would narrow expelled on public health opinions by several courts,” the types of persecution and grounds. The rest are proDonato wrote. “This is a severity of threats for which cessed under immigration troubling litigation strategy. asylum is granted. Applilaws, which include the In effect, the government cants seeking protections on right to seek asylum. keeps crashing the same car the basis of gender or those Donato took issue with into a gate, hoping that who claim they were targethow people came to lead the someday it might break ed by gangs, “rogue” governDepartment of Homeland through.” ment officials or “non-state Security. Wolf became act
Donato said his ruling organizations” would likely ing secretary in November applies nationwide because not be eligible for asylum. 2019, replacing Kevin McAleenan, who was also in an acting role. Courts have ruled that Wolf improperly leapfrogged to the top job from his position as undersecretary for strategy, policy and plans.
Donato, like other judges, said McAleenan, who had been Customs and Border Protection commissioner, also was promoted to the top Homeland Security job out of order, making his handover to Wolf have “no legal effect whatsoever.”
Homeland Security has been without a Senateconfirmed secretary since Kirstjen Nielsen resigned in April 2019.
While the Trump administration faced a legal setback, it’s already instituted a raft of policies restricting asylum, including making asylum-seekers wait in Mexico while their claims are heard in U.S. court.
Biden is expected to reverse some of Trump’s restrictive asylum measures, including the “Remain in Mexico” policy, but recently said his administration would need “probably the next six months” to re-create a system that can process asylum-seekers to prevent a flood of migrants arriving at the southern border.
Also Friday, the 4th U.S. Circuit Court of Appeals in Richmond, Virginia, ruled against the administration’s policy that gave state and local governments the right to refuse to resettle refugees.
The three-judge panel said Trump’s executive order that required both state and local entities to give their consent before allowing refugees to be placed in their areas would undermine the 1980 Refugee Act. That law set by Congress was designed to allow resettlement agencies to find the best place for a person to thrive while working with local and state officials.