The Department of Justice and Department of Homeland Security are amending their respective regulations to limit asylum claims made by 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 rule would have the effect of sharply limiting asylum claims for non-Mexicans attempting to enter the United States by traveling through Mexico. The rule is available here and below.
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On July 10, Judge Victoria A. Roberts of the U.S. District Court for the Eastern District of Michigan denied the government’s motion to dismiss the plaintiffs’ third amended complaint in Arab American Civil Rights League et al. v. Donald Trump et al., in which the petitioners challenge the Trump administration’s travel ban on constitutional grounds. The order is available here and below.
A preliminary injunction halts Attorney General Barr’s efforts to deny bond hearings to asylum seekers whose claims were found viable by asylum officers. The court also ordered several procedural protections.
The manner in which the Trump administration has installed Cuccinelli as acting director of the Bureau of Citizenship and Immigration Services may not violate the plain letter of the Federal Vacancies Reform Act. But it can’t be reconciled with the law’s spirit.
On June 3, the government filed a motion to dismiss in the case of Padilla v. ICE, a lawsuit brought by detained asylum seekers regarding the Trump administration’s practice of forcibly separating children from their parents.
A two-judge majority found that the Immigration and Nationality Act grants discretion to keep migrants seeking to enter the United States in Mexico pending a hearing.
The U.S. Court of Appeals for the Ninth Circuit ruled on Tuesday that the Trump administration can continue to enforce its "Remain in Mexico" policy for some Central American migrants while litigation over the policy proceeds, staying the lower court's injunction. The ruling is available here and below.
The president justified new restrictions on asylum as a response to the recent marked uptick in arrivals at the southern border. But each measure is a blunt instrument that could harm bona fide asylum claimants.
Attorney General Bill Barr ruled on April 17 that asylum seekers who present at the border and establish a "credible fear of prosecution or torture" are ineligible for release on bond once they are transferred from expedited removal proceedings to full deportation proceedings. The Department of Homeland Security may still choose to release asylum seekers, but cannot be compelled by immigration judges to do so.
U.S. border enforcement efforts begin much farther south than the Rio Grande.