The judge overturned the rule of the administration of the President of the United States Donald trump demanding that immigrants requested asylum in a third country before making it in the US, writes NBC News. In accordance with this rule, the United States can refuse to consider an application for asylum from any person who has not filed such a motion in the country on the way to the United States.
On Tuesday evening, June 30, a Federal judge ruled that the most severe to date, the asylum policy of the administration to trump illegal.
The rule was put into effect in 2019, prohibited immigrants to claim asylum in the United States if they had not tried to get it in the country through which they passed on the way to the US border.
U.S. district judge Timothy J. Kelly from Washington, D.C., ruled in favor of non-profit immigrants and asylum-seekers who claimed to “rule the asylum in a third country”, which was published jointly by the departments of justice and homeland security, violated the immigration Act and nationality.
Kelly, who was appointed trump in 2017, agreed that the adoption of this policy, the administration does not comply with the Federal administrative procedure act, or APA, which requires that Americans get plenty of time and opportunities to weigh these kinds of changes.
The judge argued that the immigration Act and the citizenship generally allows anyone to reach the U.S., apply for asylum, some exceptions, including for individuals with a criminal record.
“There are many circumstances in which courts properly rely on Executive decisions on national security, writes Kelly. But the scope of the exception the APA is not included in their number.”
The judge noted that the Supreme court blocked a previously issued injunction against this rule until the 9th circuit court of appeals United States has not confirmed the cancellation rules.
The lawyer of the project of the ACLU for immigrant rights, representing the plaintiffs, praised the decision.
“The court found that the trump missed illegal steps mandated by Congress to ensure transparency in their failed attempt to permanently bypass the protection of the right to asylum,” said Julie Veroff.
The rule of a third country, apparently, was aimed at migrants from Central America, who claimed that they fled from gang violence. Trump has vowed to stop the trips of migrants, including the so-called caravan through Mexico.
This rule actually forced migrants seeking asylum from Honduras, Guatemala and El Salvador, first to seek help in Mexico, and then to the United States.
“This decision invalidates “the ban on asylum” trump on the southern border,” said the evening of June 30 on Twitter, a former acting solicitor General Neal Katyal. He added that the decision will take effect immediately.
Lawyer for immigration Aaron reichlin-Miller of the American immigration Council, called the decision “a fantastic victory”.
The impact of the decision may not be felt immediately along the border between the U.S. and Mexico. Kelly wrote that “recent administrative actions related to the pandemic effectively closed the southern border for an indefinite period for foreigners seeking asylum”.
In late June a Federal judge in Los Angeles ordered the release of children in three family detention centers because of the danger posed by the pandemic coronavirus. But the administration trump celebrated as a victory the decision of the Supreme court that some asylum seekers can be deported by the expedited procedure.