Federal Judge Tosses Trump Asylum Policy, Calling it ‘Contrary to Law’

August 2, 2019 by Dan McCue
Doug Smith, center, of Upper Arlington holds a flag during a Vigil to End Human Detention at the Ohio Statehouse in Columbus, Ohio on July 12, 2019. "I think it's very troubling and un-American to keep asylum seekers and their children in detention camps," Smith said, "I think that opinion is supported by the majority of Americans." The vigil included speakers and music that sent the message to end the detention of asylum seekers at the U.S. and Mexico border. [Brooke LaValley/Dispatch]

WASHINGTON – A federal judge on Friday tossed a Trump administration policy that would only allow migrants who enter the country through legal ports of entry to apply for asylum.

In his ruling, U.S. District Judge Randolph Moss, an Obama appointee presiding in Washington, D.C., held the policy is inconsistent with the Immigration and Nationality Act and therefore “must … be set aside.”

The policy had already been blocked by a federal judge in San Francisco, whose temporary injunction is now the subject of an appeal before the 9th U.S. Circuit Court of Appeals.

Like Moss, U.S. District Judge Jon Tigar held the policy, which President Trump enacted through an executive order last year, ran afoul of the Immigration and Nationality Act, which states that anyone in the United States can apply for asylum, regardless of whether they arrived at a port of entry.

“Whatever the scope of the President’s authority, he may not rewrite the immigration laws to impose a condition that Congress has expressly forbidden,” Tigar wrote.

Law

White House Violated the Law by Freezing Ukraine Aid, GAO Says Impeachment
White House Violated the Law by Freezing Ukraine Aid, GAO Says
January 17, 2020
by Dan McCue

WASHINGTON - The White House violated federal law in withholding security assistance to Ukraine, one of the actions that set the stage for President Donald Trump's impending  impeachment trial in the Senate, a nonpartisan federal watchdog said Thursday. In a long-awaited report released mere moments before... Read More

Environmentalists Win Lawsuit Protecting Ocean Monuments Environment
Environmentalists Win Lawsuit Protecting Ocean Monuments
January 4, 2020
by Tom Ramstack

WASHINGTON - Environmentalists won an appeals court ruling in Washington, D.C. last week protecting ocean marine national monuments. Marine national monuments refer to offshore underwater areas intended to protect coral reefs or wildlife. There are five of them in U.S. territorial waters. The U.S. Court of... Read More

Soldiers’ Families Sue Companies That Allegedly Paid Taliban for Protection Litigation
Soldiers’ Families Sue Companies That Allegedly Paid Taliban for Protection
January 4, 2020
by Tom Ramstack

WASHINGTON - The families of 143 U.S. soldiers and government contractors sued a group of multinational corporations last week in Washington, D.C. accusing them of indirectly funding the Taliban insurgents who killed and injured their relatives. In the complaint, filed in Washington, the plaintiff families claim... Read More

Can People With Criminal Records Become Lawyers? These Michigan Attorneys Did It Law
Can People With Criminal Records Become Lawyers? These Michigan Attorneys Did It

DETROIT — Becoming a lawyer in Michigan after a felony conviction is challenging, but it’s not impossible. Tenisha Yancey did it, before she was elected to the state House, even though law school admissions officials warned that she probably wouldn’t pass an evaluation that judged her... Read More

What Would Happen If the Affordable Care Act Went Away? Health
What Would Happen If the Affordable Care Act Went Away?

Any day now, the 5th Circuit Court of Appeals in New Orleans could rule the entire Affordable Care Act unconstitutional. At least it seemed that two of the three appeals court judges were leaning that way during oral arguments in the case, State of Texas v.... Read More

Atlanta-Based Court Considers School’s Transgender Bathroom Policy Civil Rights
Atlanta-Based Court Considers School’s Transgender Bathroom Policy

ATLANTA — Judges on the federal appeals court in Atlanta on Thursday peppered lawyers with questions in a case that could set an important precedent for bathroom access by transgender high school students. Two judges, both members of the more liberal wing of the 11th U.S.... Read More

Straight From The Well
scroll top