On Sept. 11, the Supreme Court stayed a preliminary injunction imposed by Judge Jon Tigar of the U.S. District Court for the Northern District of California against the third country asylum rule recently issued by the Department of Homeland Security (DHS). The rule would bar foreign nationals who cross the U.S.-Mexico border from receipt of U.S. asylum when they transit through a third country without applying for protection in that country.
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The U.S. District Court for the Northern District of California has reinstated a nationwide ban on a Trump administration rule barring people at the southern border from seeking asylum unless they had previously done so in Mexico or another third country. The U.S. Court of Appeals for the Ninth Circuit had previously ruled that the preliminary injunction against the rule was only enforceable within the Ninth Circuit.
In a decision with benefits for both the government and the plaintiffs, the U.S. Court of Appeals for the Ninth Circuit issued a partial stay on Aug.
The U.S. Court of Appeals for the Ninth Circuit ruled on Friday that the injunction against the Trump administration's new asylum rule, which denies asylum to migrants who attempt to enter the U.S. along the southern border without first applying for asylum in a third country through which they traveled, is enforceable only within the Ninth Circuit. The order is available here and below.
Judge Randolph Moss of the U.S. District Court for the District of Columbia vacated on Friday a presidential proclamation barring people who enter the country outside ports of entry from seeking asylum. The policy had been temporarily enjoined by a judge in the U.S. District Court for the District of Northern California. The ruling is available here and below.
On July 29, Attorney General William Barr overruled a Board of Immigration Appeals decision, writing that most nuclear families do not qualify as “particular social groups” for the purposes of the Immigration and Nationality Act. As a result, individuals persecuted based on their family ties no longer qualify for asylum on that basis. The complete ruling is available here and below.
Editor's note: This post has been updated to address the Guatemala Safe Third Country Agreement that United States and Guatemalan officials announced on Friday, July 26.
The U.S. District Court for the Northern District of California granted a preliminary injunction in East Bay Sanctuary et al. v. William Barr et al., a case challenging the Trump administration’s rule denying asylum for any migrants who attempt to enter the United States along the southern border without first applying for asylum in a third country through which they travelled. The order is available in full here and below.
Thirty-two Cubans line the international bridge connecting Roma, Texas, with Ciudad Miguel Alemán, Tamaulipas. The Cubans sit one after another on the Mexican side of the bridge, checking their phones, chatting amongst themselves, and switching positions to stay out of the sun, where the temperature tops 100 degrees. Yet, above all, they are waiting. As the days pass, they wait for their number to be called and for the opportunity to step beyond the midpoint barrier into U.S. territory and ask for asylum.
On July 15, the Department of Homeland Security posted an interim final rule (IFR) that limits asylum by barring applications from claimants at the southern border who passed through a third country on their way to the United States but did not seek asylum in that country.