The Supreme Court stayed a preliminary injunction against the third country asylum rule barring 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.
The Department of Homeland Security issued its final rule on custody of two groups of noncitizen children, establishing different procedures for the treatment of children accompanied by at least one parent at the border prior to arrest and “unaccompanied alien children.”
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.
A three-judge panel of the U.S. Court of Appeals for the Ninth Circuit limited the scope of the government’s ability to prosecute people for illegally crossing the border, holding that only people who cross through open ports of entry without authorization—as opposed to crossing the border some other way—can be prosecuted for “eluding examination or inspection by immigration officers.” In U.S. v.
Unauthorized border crossings are the most prosecuted federal crime in the U.S. and an unlikely focus of the Democratic presidential primary. Why have such crimes come into the spotlight? And what effect would decriminalizing illegal entry into the U.S. really have?
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.
Two immigration support and advocacy organizations filed suit over the Trump administration’s latest restrictions on asylum, in addition to the ACLU’s lawsuit. Both the complaint and the plaintiffs’ motion for a temporary restraining order and preliminary injunction are available below.