Latest in Immigration


Injunction on Asylum Ban Applies Only in Ninth Circuit

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 Vacates Trump Asylum Order

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. 

Immigration and Nationality Act

Barr Limits Asylum Claims Based on Family Ties

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.



Supreme Court Grants Stay on Wall Injunction

The Supreme Court has granted a stay of an injunction on the Trump administration's construction of a wall along the southern border pursuant to a declaration of national emergency. Justices Ruth Bader Ginsburg, Sonia Sotomayor and Elena Kagan would have denied the government's application for a stay, while Justice Stephen Breyer wrote dissenting in part and concurring in part. The document is available here and below.


Ninth Circuit Ruling Limits Illegal Entry Prosecutions

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.


The Most Prosecuted Federal Offense in America: A Primer on the Criminalization of Border Crossing

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?

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