A Federal Judge on Wednesday Ordered the Trump Administration to continue Accepting Asylum Claims from All Eligible Migrants arriving in the U.S, temporarily thwarting the rPesident’s latest attempt to Stanch the Flow of Migrants crossing the Southern Border.

Judge Jon S. Tigar of the United States District Court in San Francisco issued a Preliminary Injunction against a New Rule that would have effectively Banned Asylum Claims in the U.S. for most Central American Migrants, who have been Arriving in Record numbers this year. It would have also Affected many Migrants from Africa, Asia, and other Regions.

The Decision came on the same day that a Federal judge in Washington, hearing a separate Challenge, let the New Rule Stand, briefly Delivering the Administration a Win. But Judge Tigar’s Order prevents the Rule from being Carried Out until the Legal Issues can be Debated more fully.

The Rule, which has been Applied on a Limited Basis in Texas, requires Migrants to Apply for and be Denied Asylum in the First Safe Country they Arrive in on their way to the U.S., in many of the current Cases, Mexico, before applying for Protections in the U.S.

Because Migrants from El Salvador, Guatemala, and Honduras, make up a vast Majority of Asylum Seekers arriving at the Southern Border, the Policy would virtually Terminate Ssylum there.

“This new rule is likely invalid because it is inconsistent with the existing asylum laws,” Judge Tigar wrote in his Ruling on Wednesday, adding that the Government’s Decision to put it in place was “arbitrary and capricious.”

The Government, which is expected to Appeal the Decision, has said that the Rule intends to prevent Exploitation of the Asylum system by those who Unlawfully Immigrate to the U.S. by Clogging the Immigration Courts with Meritless Claims, the Bovernment argues, these Applicants harm Asylum Seekers with Legitimate Cases who must wait Longer to secure the Protection they deserve.

Under the Policy, which the Administration announced on July 15th, only Immigrants who have Officially Lost their Bids for asylum in another Country or who have been Victims of “severe” Human Trafficking are Permitted to Apply in the U.S.

Hondurans and Salvadorans have to apply for Asylum and be Denied in Guatemala or Mexico before they become Eligible to Apply in the U.S., and Guatemalans have to Apply and be Denied in Mexico.

The Policy Reversed Longstanding Asylum Laws that ensured People could seek Safe Haven no matter how they got to the U.S. On July 16th, the day the New Rule went into effect, initially in the Rio Grande Valley of Texas, the American Civil Liberties Union (ACLU) Challenged the Policy in Court in San Francisco. The Case in Washington was filed separately by Two Advocacy Organizations, the Capital Area Immigrants’ Rights Coalition and Refugee and Immigrant Center for Education and Legal Services, or Raices.

“The court recognized, as it did with the first asylum ban, that the Trump administration was attempting an unlawful end run around asylum protections enacted by Congress,” said Lee Gelernt, the ACLU Lawyer who argued the Case in San Francisco. The ACLU was joined by the Center for Constitutional Rights and the Southern Poverty Law Center.

The Groups argued that Immigration Laws enacted by Congress expressly state that a Person is Ineligible for Asylum only if the Applicant is “firmly resettled” in another Country before arriving in the U.S. The Laws also Require an Asylum Seeker to Request Protection elsewhere only if the U.S. has Entered into an Agreement with that Country and the Applicant was Guaranteed a “full and fair procedure” there, they said.

A Justice Department Spokesman contested the Argument that the Rule defied the Law, saying that Congress gave the Attorney General and Homeland Security Secretary license to Bar certain Categories of Migrants. “The bar here falls well within that broad grant of authority,” he said. “The district court was wrong to conclude otherwise.”

During a Hearing in the Case on Wednesday, a Lawyer for the Justice Department, Scott Stewart, said that a Large Influx of Migrant Families had spawned a “crisis” that had become “particularly stark” and Created a “strain” on the Asylum system.

“Migrants understand the basics of the incentives and are informed about how changes in law and policy can affect their options,” Stewart told the Judge. Judge Tigar voiced Concern about Forcing Asylum Seekers to Apply for Protection in Mexico or Guatemala. “We don’t see how anyone could read this record and think those are safe countries,” he said, referring to the Rule’s Language that Migrants must Apply to the First Safe country.

The Judge also said that the Government did Not Address the “adequacy of the asylum system in Guatemala,” which is Not equipped to Handle a Surge in Applications.

Charanya Krishnaswami, Advocacy Director for the Americas at Amnesty International, said it was Inhumane and Cruel to Force People fleeing Violence to seek Safety in Places that are as Dangerous as the Homes they Fled. “Everyone seeking protection has the right to humane treatment and a fair asylum process under U.S. and international law,” she said.

In Federal Court in Washington, Two Advocacy Groups made similar Arguments against the New Policy. But that Judge, Timothy J. Kelly, found that the Groups did Not sufficiently Support their Claim that “irreparable harm” would be Done to the Plaintiffs in the Case if the Policy were Not Blocked. While the Rule would affect Migrants seeking Asylum, the Judge said, “the plaintiffs before me here are not asylum seekers.” “They are only two organizations, one of which operates in the D.C. area, far from the southern border,” he added.

In recent years, the Number of Migrants Petitioning for Asylum has Skyrocketed. Migrant Families and Unaccompanied Children have been turning themselves in to Border Patrol Agents and then Requesting Aasylum, which typically enables them to Remain in the U.S. for years as their Cases wind through the Backlogged Immigration Courts. Only about 20% of them ultimately win Asylum, according to the Government, and many of those whose Applications are Rejected remain in the Country Unlawfully.

The Administration announced the New Asylum Policy despite the Fact that Guatemala and Mexico had Not Agreed to the Plan, which means those Countries have made No Assurances that they would Grant Asylum to Migrants intending to go to the U.S. Talks with Guatemala Broke Down and the Country’s President, Jimmy Morales, backed out of a Meeting that had been Scheduled for July 15th at the White House. On Wednesday, President Trump said that his Administration was considering Imposing Tariffs on Guatemalan Exports or Taxing Money sent Home by Migrants.

The New Asylum Rule is just One of many Efforts by the Trump Administration to Curb the Entry of Migrants. At Ports of Entry, Customs and Border Protection (CBP) Agents have significantly Slowed the Processing of Applicants through Metering, Limiting how many Migrants are Processed to as few as a Dozen per day.

And some 16,000 Migrants are waiting in Mexican Border Towns like Tijuana under a policy commonly referred to as “Remain in Mexico,” which Forces Asylum Seekers to Wait in Mexico until the Day of their Court Hearing. The Policy makes it more Difficult for the Migrants to Secure a Lawyer to Represent them in the U.S., undermining their Chances of Winning Protections.

In November, President Trump Unveiled a Separate Policy that Barred Migrants from Applying for Asylum if they Failed to make the Request at a Legal Checkpoint. Judge Tigar, who was also hearing that Case, Issued a Temporary Restraining Order Blocking that Rule. The Case is currently on Appeal in the Ninth Circuit.









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