Trump Asylum Ban
Federal Court Strikes Down
Trump Asylum Ban
Wednesday, July 1, 2020
A Trump-appointed federal district judge in Washington, DC has issued an opinion striking down a Trump Administration rule requiring migrants seeking to enter the United States to first seek asylum in countries they travel through on their way. Judge Timothy J. Kelly of the U.S. District Court for the District of Columbia issued his order and its accompanying opinion late in the evening on Tuesday. June 30, 2020, concluding that the ban failed to comply with the Administrative Procedure Act (APA) governing how agencies should implement rules. The Administration had issued the ban in July of 2019 in an effort to prevent Central American migrants fleeing violence in their countries from seeking asylum in the United States,
The ban that was the subject of the Judge's ruling was promulgated in an interim final rule, published on July 16, 2019, by the Department of Justice and Department of Homeland Security, .governing asylum claims in the context of aliens who enter or attempt to enter the United States across the southern land border after failing to apply for protection from persecution or torture while in a third country through which they transited en route to the United States. The rule has essentially forced asylum-seeking migrants from Honduras, Guatemala and El Salvador to first seek it from Mexico before seeking asylum in the United States.
Five Recent Court Rulings on Immigration Place the Subject in the Judicial Spotlight
Sunday, June 28, 2020
For nearly two years, immigration stakeholders and policymakers awaited action in the Supreme Court of the United States (SCOTUS) on the legality of the Trump Administration's September 2017 attempt to end the popular Obama-era Deferred Action for Childhood Arrivals program (DACA). As late June of 2020 approached, the pro-immigrant advocacy community braced itself for what it thought would certainly be a decision affirming the Administration's authority to rescind DACA. However, in a totally unexpected decision, on Thursday, June 18, 2020, SCOTUS ruled that the Administration improperly moved to rescind DACA, saving, for now at least, the hundreds of thousands of young people brought to the United States illegally while they were children.
The long-awaited SCOTUS DACA decision was just one of five consequential decisions issued by SCOTUS and lower federal courts on immigration matters in recent days.
This Week in Immigration Staff