A US district judge on Friday ruled against the Trump administration’s latest attempt to curb immigration with less than two weeks to the president-elect Joe Biden
Joe Biden Capitol Police Officer Dies After Riots Rep. Joaquin Castro Wants To Prevent Federal Government From Ever Naming Buildings Property To Trump Tucker Carlson: Trump ‘Encouraged Recklessly’ Capitol Rioters MOREinauguration.
According to The Associated Press, District Judge James Donato in San Francisco sided with advocacy groups suing the restrictions, arguing that acting Secretary of Homeland Security Chad WolfChad Wolf Acting Pentagon Chief Condemns Violence, Praises Law Enforcers’ Response to Capitol Attack strongly condemn. lacked the power to impose the new rules.
Donato ruled that Wolf’s appointment was against the agency’s order of succession, saying it was the fifth time a court has ruled against the department for the same reason.
“The government has recycled the exact same legal and factual claims from previous cases, as if they had not been properly rejected in substantiated opinions by various courts,” Donato wrote in his ruling, the AP said.
“This is a troubling litigation strategy,” he added. “In fact, the government keeps hitting the same car into a gate, hoping it will one day break through.”
The proposed asylum restrictions, which would go into effect Monday, were first announced last month by the Department of Homeland Security and the Department of Justice in a 419-page document.
The rules include broadening the grounds for a judge to decide whether an application is ‘frivolous’, and allow judges to reject applications without being heard if the asylum applications are deemed to be supported by insufficient evidence.
The new policy also stated that asylum seekers must prove that they will “suffer serious harm” if they return to their home country. Under current law, asylum seekers must have “a credible fear of persecution or torture.”
Aaron Frankel, a lawyer for plaintiffs in Friday’s case, calls the rules “nothing short of an attempt to end the asylum system,” the AP said.
Donato said Friday that his ruling applies nationally because limiting the scope of the decision “would result in a fragmented and disjointed patchwork of immigration policies.”
It was not immediately clear whether the Trump administration plans to file an emergency appeal against Friday’s ruling.