San Francisco Chronicle

Judge in S.F. blocks Trump’s lastminute deportatio­n rules

- By Bob Egelko Bob Egelko is a San Francisco Chronicle staff writer. Email: begelko@ sfchronicl­e.com Twitter: @BobEgelko

Eleventhho­ur rules by Trump administra­tion immigratio­n officials that made it harder to challenge deportatio­n orders have been blocked by a federal judge in San Francisco, who said the restrictio­ns could force migrants to face persecutio­n in their homelands.

The rules, which took effect Jan. 15, included substantia­l reductions in the time allowed to appeal a judge’s deportatio­n ruling. Immigratio­n judges were barred from putting cases on hold to allow time for more investigat­ion or negotiatio­ns. Immigratio­n appeals courts were given more latitude to uphold deportatio­n orders, and the Justice Department official who oversees those courts was granted authority to remove many cases from the courts and decide them himself.

These changes “will foreclose noncitizen­s from seeking humanitari­an relief to which they may be entitled and will result in the deportatio­n of noncitizen­s who have meritoriou­s claims,” U.S. District Judge Susan Illston said Wednesday in granting a nationwide injunction against the rules.

Quoting a federal appeals court ruling in another case, she said the U.S. must not return migrants “into the hands of their persecutor­s.” Undocument­ed immigrants who can show they face persecutio­n for reasons such as their race, gender, religion, sexual orientatio­n or political views are entitled to asylum, and others may be protected if they are victims of traffickin­g or parental abuse.

Illston also said the government violated the public’s right to adequately review the changes by allowing only 30 days for comments before the rules became final.

“This ruling is a small step forward on the path to stopping our government from criminaliz­ing, caging and deporting people away from their families and community,” said Priya Patel, a lawyer with Centro Legal de la Raza, an immigrant support organizati­on in Oakland and a plaintiff in the case.

She and other plaintiffs noted that the Biden administra­tion’s Justice Department has continued to represent the government in the case.

“We demand that the Biden administra­tion stop defending the rule and begin safeguardi­ng the rights of noncitizen­s to a fair and just adjudicati­on of their cases,” said Tami Goodlette, a lawyer for RAICES, the Refugee and Immigrant Center for Education and Legal Services.

The Justice Department declined to comment.

The immigratio­n courts, which have 460 judges in 67 locations, are a branch of the Justice Department. Unlike criminal defendants, migrants facing deportatio­n have no right to a lawyer at government expense in immigratio­n court. Illston said most of them appear on their own, often with little ability to understand the proceeding­s, and would be further impacted by the rules’ restrictio­ns on the time allowed to find an attorney after a hearing and file an appeal.

“As a result, more noncitizen­s will be unrepresen­ted and less likely to obtain relief to which they are entitled,” she said.

 ?? Gregory Bull / Associated Press 2019 ?? Immigratio­n and Customs Enforcemen­t officers detain a man in Escondido (San Diego County) in 2019.
Gregory Bull / Associated Press 2019 Immigratio­n and Customs Enforcemen­t officers detain a man in Escondido (San Diego County) in 2019.

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