Federal judge rules against Trump asylum policy

[mystery-ak]

Federal judge rules against Trump asylum policy
By Jacqueline Thomsen - 08/02/19 02:23 PM EDT

A federal judge in Washington, D.C., ruled Friday against a Trump administration policy that would only allow migrants who enter the U.S. through legal ports of entry to claim asylum, the latest blow against the administration's agenda.

U.S. District Judge Randolph Moss, an Obama appointee, threw out the policy, finding it to be “inconsistent with" the Immigration and Nationality Act.

The policy has been already blocked by a federal judge in San Francisco and is now being appealed before the 9th Circuit Court of Appeals.

more
https://thehill.com/regulation/court-battles/455956-federal-judge-rules-against-trump-asylum-policy

[rustynail]

Feel the Power! These judges sure are full of themselves.

[Bill Cipher]

The judge is correct.

[Wingnut]

The judge is correct.

Screw the Judge.   They will be the second to go in the revolution.  Right after the lawyers.

[Right_in_Virginia]

Federal judge strikes down Trump asylum ban
CBS, Aug 2, 2019

A federal judge in Washington, D.C. ruled Friday against the Trump administration's initial asylum ban, which was announced last November. Judge Randolph Moss vacated the government's policy barring migrants from claiming asylum if they did not enter the country through designated ports of entry.

The judge found that it violates the Administrative Procedures Act (APA), which oversees the ways federal rules are established.

"Fortunately, the Court need not engage in such logical gymnastics because the language of the APA and the controlling D.C. Circuit precedent are unambiguous," he wrote. "The Court, accordingly, concludes that the proper remedy is to set the Rule aside, and the legal consequences of that result are not limited 'to the individual' plaintiffs.

"As a matter of common usage, no one would draw a meaningful distinction, for example, between a rule providing that children may not apply for a driver's license and one providing that children are not eligible to receive a driver's license. Both locutions mean the same thing."

This comes after the Trump administration appealed the temporary injunction put in place by in the Northern District of California, in which the judge ruled that the government cannot withhold asylum from migrants who did not apply for asylum in a third country before coming to the U.S. The policy was part of a more recent, near-total ban asylum ban unveiled July 15.

The rule at issue restricts access to the U.S. asylum system for non-Mexican migrants who traveled through Mexico and other countries to reach the southwestern border, but didn't seek protection in those nations.

Although its intent is to stem the flow of Central American migrants into the U.S., the Trump rule also affects people from other countries trying to reach the U.S. through Mexico — including Cubans, Venezuelans, Brazilians and central Africans, who have been traveling to the U.S.-Mexico border in higher numbers this year.

https://www.cbsnews.com/news/federal-judge-strikes-down-trump-asylum-ban/

[Right_in_Virginia]

Judge confirmed November 2014.

[Right_in_Virginia]

Remember that old joke "what do you call 100 attorneys at the bottom of the sea"?  Methinks it's time to revise it to "judges".

[aligncare]

And then his critics (in instances involving border security and immigration, his conservative critics) grouse and bitch it’s Trump’s fault he’s not gotten us any closer to securing the border.

Well, that’s just plain wrong and their criticism foolishly misdirected.

[Chosen Daughter]

And then his critics (in instances involving border security and immigration, his conservative critics) grouse and bitch it’s Trump’s fault he’s not gotten us any closer to securing the border.

Well, that’s just plain wrong and their criticism foolishly misdirected.

I am not wanting to start a war here but this is tiring.  I still have the same criticism because Trump hasn't played hardball at all.  He is promoting a huge spending bill and there is nothing to secure the border.  Its the elephant in the room.  Its the absolute obvious that Trump keeps signing everything Democrats want and doesn't demand border security.  Its like OK, the judge says no so I am not liable for the outcome.  Its simple.  Do not sign anything else until this stupidity stops.


And some say no, but these judges are rogue.  They are not judging by the law but by their political views.  At what point do we say enough?

[Chosen Daughter]

And well its too late isn't it.  Trump already signed another huge spending bill and touts it like its the greatest thing.  He signed away any leverage he could have for two more years.  Its not OK to kick the can down the road.  Just because a judge wants to get political.  They have it covered don't they.  And no responsibility for the President.  Illegals will continue to come in droves because its nobody's fault.  Blame it on the judge, it works. 

Trump can talk, talk, talk and everyone cheers even though they are paying out billions to take care of illegal immigrants.  Nobody seems to care to stop it.

https://www.wsj.com/articles/trump-signs-spending-bill-into-law-11564766249

[EdJames]

And well its too late isn't it.  Trump already signed another huge spending bill and touts it like its the greatest thing.  He signed away any leverage he could have for two more years.  Its not OK to kick the can down the road.  Just because a judge wants to get political.  They have it covered don't they.  And no responsibility for the President.  Illegals will continue to come in droves because its nobody's fault.  Blame it on the judge, it works. 

Trump can talk, talk, talk and everyone cheers even though they are paying out billions to take care of illegal immigrants.  Nobody seems to care to stop it.

https://www.wsj.com/articles/trump-signs-spending-bill-into-law-11564766249

You do understand that this bill doesn't determine what the funds will be spent on, right?

Regardless of the fact that it is a piece of crap that just keeps the deficits and debt growing and growing, it is a structural bill that just outlines the mechanisms of how the discretionary spending (beyond the pre-set caps) amounts will be allowed to grow.  (And how their black magic with respect to the debt limit will be implemented.)

You can read it here: https://www.congress.gov/bill/116th-congress/house-bill/3877/text

How these funds actually get spent will be determined in the upcoming authorization and appropriation bills that will be developed for each of the next two fiscal years (which this structural bill outlines).

We can complain about the horrible implications of this bill (which I have been doing since it was introduced), and disapprove of the "pragmatic" reasons that Trump and McConnell decided to go this route, but we should be accurate in what it actually represents.

[Bill Cipher]

Judge confirmed November 2014.

The APA has been law for decades.  That the Trump administration cannot seem to follow it reflects poorly on Trump, not on the judges who enforce the APA.   

[dfwgator]

The judge is correct.

The Law Is an Ass.

[Chosen Daughter]

You do understand that this bill doesn't determine what the funds will be spent on, right?

Regardless of the fact that it is a piece of crap that just keeps the deficits and debt growing and growing, it is a structural bill that just outlines the mechanisms of how the discretionary spending (beyond the pre-set caps) amounts will be allowed to grow.  (And how their black magic with respect to the debt limit will be implemented.)

You can read it here: https://www.congress.gov/bill/116th-congress/house-bill/3877/text

How these funds actually get spent will be determined in the upcoming authorization and appropriation bills that will be developed for each of the next two fiscal years (which this structural bill outlines).

We can complain about the horrible implications of this bill (which I have been doing since it was introduced), and disapprove of the "pragmatic" reasons that Trump and McConnell decided to go this route, but we should be accurate in what it actually represents.

I don't have any hope that they will appropriate to stop the invasion.  I don't have any hope Donald Trump will not sign anything that the Democrats want.  He has said he wouldn't before but he does.   Over and over.  Big spending, no results.

[Chosen Daughter]

The APA has been law for decades.  That the Trump administration cannot seem to follow it reflects poorly on Trump, not on the judges who enforce the APA.

First safe country

[Bill Cipher]

First safe country

Doesn’t apply.  Have you actually read the law?  Rhetorical question.  I know you haven’t, and even if you did, you wouldn’t understand it. 

And that goes for both the APA, which is the law governing regulations, and the underlying substantive immigration law.

The underlying immigration law specifically allows people who are in the US illegally to apply for asylum from within the US.  To the extent Trump wants to change that, he is acting lawlessly and trying to unilaterally change a valid enacted law.  Isn’t that one of the things conservatives used to complain about Obama doing?

[Chosen Daughter]

Doesn’t apply.  Have you actually read the law?  Rhetorical question.  I know you haven’t, and even if you did, you wouldn’t understand it. 

And that goes for both the APA, which is the law governing regulations, and the underlying substantive immigration law.

The underlying immigration law specifically allows people who are in the US illegally to apply for asylum from within the US.  To the extent Trump wants to change that, he is acting lawlessly and trying to unilaterally change a valid enacted law.  Isn’t that one of the things conservatives used to complain about Obama doing?

Well I will admit that I base my reply on previously written or communicated in Conservative Media.  I will look it up today, but I don't appreciate your insult.  If politicians are the indicator of well educated I am a genius.

[Bill Cipher]

Well I will admit that I base my reply on previously written or communicated in Conservative Media.  I will look it up today, but I don't appreciate your insult.  If politicians are the indicator of well educated I am a genius.

That’s certainly true if the reference is to Trump. 

[Chosen Daughter]

That’s certainly true if the reference is to Trump.

I think you could have been right.  I don't understand putting laws into APA format.  And if William Barr doesn't understand Asylum law then neither do I.


Stricter Asylum Rules: Immigrants Must Apply In First Safe Country They Enter
By Sara Carter


The Department of Justice announced a new immigration rule Monday that will restrict illegal immigrants from countries, other than those bordering the United States, for applying for asylum first in the U.S. if they have attempted “to enter the United States across the southern border after failing to apply for protection in a third country.” For example, the rule would not allegedly apply to Mexicans, whose first safe country is America.

Attorney General William Barr authorized the change in the rules under the Department of Homeland Security, as an effort to curtail the humanitarian crisis at the border and deter those abusing the current law from the dangerous trek to the United States.

The new rule has very limited exceptions and will go into effect 30 days from Monday. It will not apply to those potential immigrants who’ve already applied for asylum, the rule states.-


https://saraacarter.com/stricter-asylum-rules-immigrants-must-apply-in-first-safe-country-they-enter/

I don't think that William Barr pulled that policy straight out of his butt.  However if he did I still say its true that I am a genius.

[rustynail]

Zoe Tillman
@ZoeTillman
 Â· 1h
NEW: The 9th Circuit ruled that an injunction blocking the Trump administration from enforcing its new asylum policy can *only* apply within the 9th Circuit — this means the govt could enforce it in Texas, for instance, which is in the 5th Circuit https://assets.documentcloud.org/documents/6283