Government seeks emergency relief on asylum rule

[Elderberry]

SCOTUSblog by Amy Howe 8/26/2019

The battle over immigration through the southern border of the United States came to the Supreme Court today. The federal government asked the justices for permission to enforce a new rule that would bar most migrants from seeking asylum in this country if they pass through another country before arriving in the United States.

The case, Barr v. East Bay Sanctuary Covenant, began last month after the government enacted an interim rule that, Attorney General William Barr explained, was intended to reduce the “burdens associated with apprehending and processing hundreds of thousands of” immigrants along the U.S.-Mexico border. At the same time, Barr stressed, the interim rule carves out a variety of exceptions – for example, for victims of human trafficking and for refugees who traveled through countries where protection was not available – to ensure that immigrants who legitimately fear torture or persecution at home will not be sent back.

Four groups that provide services to immigrants and refugees went to court in California to challenge the rule. U.S. District Judge Jon Tigar blocked the government from enforcing the interim rule anywhere in the United States, reasoning that the rule “is likely invalid because it is inconsistent with the existing asylum laws.” For example, Tigar noted, Congress has already “created a bar to asylum for an applicant who may be removed to a ‘safe third country.’”

More: https://www.scotusblog.com/2019/08/government-seeks-emergency-relief-on-asylum-rule/#more-288817

[Elderberry]

Government seeks to enforce asylum rule (UPDATED)

Amy Howe 8/26/2019

http://amylhowe.com/2019/08/26/government-seeks-to-enforce-asylum-rule/

The battle over immigration through the southern border of the United States came to the Supreme Court today. The federal government asked the justices for permission to enforce a new rule that would bar most migrants from seeking asylum in this country if they pass through another country before arriving in the United States.

The case began last month, after the government enacted an interim rule that, Attorney General William Barr explained, was intended to reduce the “burdens associated with apprehending and processing hundreds of thousands of” immigrants along the U.S.-Mexico border. At the same time, Barr stressed, the interim rule carves out a variety of exceptions – for example, for victims of human trafficking and for refugees who traveled through countries where protection was not available – to ensure that immigrants who legitimately fear torture or persecution at home will not be sent back.

Four groups that provide services to immigrants and refugees went to court in California to challenge the rule. U.S. District Judge Jon Tigar blocked the government from enforcing the interim rule anywhere in the United States, reasoning that the rule “is likely invalid because it is inconsistent with the existing asylum laws.” For example, Tigar noted, Congress has already “created a bar to asylum for an applicant who may be removed to a ‘safe third country.’”

More at link.