Courts Strike Down Trump Administration Rule Limiting Asylum – IOTW Report

Courts Strike Down Trump Administration Rule Limiting Asylum

Epoch Times: One federal judge struck down President Donald Trump’s Proclamation 9822, which limits asylum claims to those entering the United States at an officially designated port of entry, as another federal judge issued a national injunction preventing the rule’s application.

The policy was aimed at curbing the flow of Central American migrants coming to the United States, many in international caravans through Mexico.

Proclamation 9822, signed by the president on Nov. 9, 2018, declares that any asylum seekers trying to enter the United States must do so at a legal port of entry in order to have their asylum claims processed. Those entering illegally won’t be processed, according to the document.

“The continuing and threatened mass migration of aliens with no basis for admission into the United States through our southern border has precipitated a crisis and undermines the integrity of our borders,” Trump stated in the proclamation.

“I therefore must take immediate action to protect the national interest, and to maintain the effectiveness of the asylum system for legitimate asylum seekers who demonstrate that they have fled persecution and warrant the many special benefits associated with asylum.”

But U.S. District Judge Randolph D. Moss of the U.S. District Court for the District of Columbia, appointed in 2014 by then-President Barack Obama, found in a 77-page decision on Aug. 2 that Trump’s proclamation both runs afoul of the Administrative Procedure Act (APA) and is “inconsistent with” the Immigration and Nationality Act (INA).

Moss quoted the INA: “any alien who is physically present in the United States or who arrives in the United States (whether or not at a designated port of arrival…), irrespective of such alien’s status, may apply for asylum.”

The Trump administration argued unsuccessfully that the policy doesn’t hinder action by would-be asylees who enter the U.S. outside a legal port of entry, but took the position such individuals were ineligible to seek asylum in the first place. read more


8 Comments on Courts Strike Down Trump Administration Rule Limiting Asylum

  1. Eventually, the people are going to have to do something about our courts if they want to see this country remain this country instead of seeing it altered and transformed into something else that has little resemblance to what is has been.

    In the end, it’s always up to the people.

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  2. I question the diligence and accuracy of the DOJ appointed lawyers assigned to these cases.
    Clinton and obama appointed judges shouldn’t be much of an obstacle for a constitutionally adherent lawyer.

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  3. Ask for an emergency appeal to SCOTUS and have this reversed. Then if the reversal is nasty enough see if you can issue sanctions against the Judge. Make sure that all the conservative talk shows mention his name and where he presides and that he was appointed by Obama and appears not to understand the law. Make him a laughing stock.

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