A California appeals court has rejected two of the Trump administration’s efforts to curtail asylum.
The Ninth Circuit Court of Appeals sided with a coalition of immigrant legal services groups in ruling against a Trump administration rule barring asylum claims from people who cross the US-Mexico border without presenting themselves at an official port of entry.
Judge Richard Paez wrote in his opinion that the asylum rule, whose scope he called “staggering,” violates the Immigration and Nationality Act through its “categorical ban on migrants who use a method of entry explicitly authorized by Congress.” Paez also argued that the rule conflicts with a 1951 United Nations treaty governing the treatment of refugees by allowing, among other things, the rerouting of immigrants to countries “where their lives are threatened.”
In a separate ruling, the appeals court backed a lower court’s preliminary injunction against the administration’s Migrant Protection Protocol requiring asylum-seekers to remain in Mexico while their cases are adjudicated.
Judge William A. Fletcher argued in an opinion that the policy imperils immigrants in violation of legal protections by exposing them to “targeted discrimination, physical violence, sexual assault, overwhelmed and corrupt law enforcement, lack of food and shelter, and practical obstacles to participation in court proceedings in the United States.”
“Uncontested evidence in the record establishes that non-Mexicans returned to Mexico under the MPP risk substantial harm, even death, while they await adjudication of their applications for asylum,” Fletcher wrote.
The asylum fight is one of many fronts on which Democratic state officials have clashed with the Trump administration in court over immigration policy. Numerous state attorneys general, including California Attorney General Xavier Becerra, backed the lawsuit challenging the asylum rule.
The American Civil Liberties Union’s Judy Rabinovitz, an attorney who argued the appeal, said in a statement that the ruling showed “it’s time for the administration to follow the law and stop putting asylum seekers in harm’s way.”
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February 29, 2020 at 02:18AM
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