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.
Latest in Immigration and Nationality Act
The new rule would bar asylum 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.
The ACLU, the Southern Poverty Law Center and the Center for Constitutional Rights filed suit over the Trump administration’s recently announced policy to bar asylum applications from migrants travelling to the United States who have travelled through a third country en route. The complaint argues that the policy violates the will of Congress expressed in the Immigration and Nationality Act. The document is available in its entirety here and below.
The Supreme Court’s decision in Nielsen v. Preap suggests that future constitutional challenges to mandatory immigration detention will face formidable obstacles.
Judge John Tigar’s decision echoes his previous emphasis, and that of the U.S. Court of Appeals for the Ninth Circuit, on the plain language of the Immigration and Nationality Act.
Judge Jay Bybee relied on the plain meaning of the Immigration and Nationality Act in denying the government’s request to stay a temporary restraining order against new limitations on asylum.
The Temporary Restraining Order Against Trump’s Asylum Ban: Statutory Structure and Agency Discretion
The executive branch does not have the authority to categorically deny asylum applications not submitted at recognized points of entry.
While the Supreme Court rejected statutory arguments against Trump’s travel ban in Trump v. Hawaii, the statutory case against the new asylum proclamation is more pointed.
On Thursday, the Departments of Justice and Homeland Security announced an amendment to the rules governing asylum requests rendering ineligible for asylum those who attempt to enter the United States in violation of an order issued under Section 212(f) or 215(a)(1) of the Immigration and Nationality Act. Those statutes give the president certain authorities to restrict the entry of aliens to the United States.
A summary of the October 17, 2017 Maryland District Court preliminary injunction of Trump’s latest travel ban, Presidential Proclamation 9645.