Immigration: Judiciary Rejects Trump Administration Asylum Standard and Deportations Thereunder

Discussion in 'Politics' started by Tiassa, Dec 19, 2018.

  1. Tiassa Let us not launch the boat ... Valued Senior Member

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    The breaking-news Twitter summary, from Chris Geidner↱:

    Judge Emmet Sullivan isn't done this week, striking down most of AG Sessions' move to heighten standards for "credible fear" asylum determinations and order the return of those deported under that policy.

    We still have a judiciary; the Republic lives.
     
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  3. Tiassa Let us not launch the boat ... Valued Senior Member

    Messages:
    37,882
    More via Geidner↱, quoting Judge Sullivan:

    In Part III.C, the Court turns to the merits of the plaintiffs' claims and holds that, with the exception of two policies, the new credible fear policies are arbitrary, capricious and in violation of the immigration laws. In Part III.D, the Court considers the appropriate form of relief and vacates the unlawful credible fear policies. The Court further permanently enjoins the government from continuing to apply those policies and from removing plaintiffs who are currently in the United States without first providing credible fear determinations consistent with immigration laws. Finally, the Court orders the government to return to the United States the plaintiffs who were unlawfully deported and to provide them with new credible fear determinations consistent with the immigration laws.

    NBC News scrambles to get its story up; Dareh Gregorian↱ reports:

    A federal judge on Wednesday dismissed Justice Department policies that made it harder for people to claim asylum because of domestic violence or gang violence, finding the policies violated existing immigration laws ....

    .... The ruling was hailed by the American Civil Liberties Union, which had challenged DOJ's "expedited removal" policies in court.

    "This ruling is a defeat for the Trump administration's all-out assault on the rights of asylum seekers. The government's attempt to obliterate asylum protections is unlawful and inconsistent with our country's longstanding commitment to provide protection to immigrants fleeing for their lives," said Jennifer Chang Newell, managing attorney of the ACLU's Immigrants' Rights Project, who argued the case.
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    Notes:

    Geidner, Chris. "BREAKING: Judge Emmet Sullivan isn't done this week, striking down most of AG Sessions' move to heighten standards for 'credible fear' asylum determinations and order the return of those deported under that policy." Twitter. 19 December 2018. Twitter.com. 19 December 2018. http://bit.ly/2SfNuMY

    Gregorian, Dareh. "Federal judge strikes down Trump asylum rules for domestic and gang violence victims". NBC News. 19 December 2018. NBCNews.com. 19 December 2018. https://nbcnews.to/2Re49TT
     
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