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

August 2, 2019 by Dan McCue

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

10th Circuit Sides With ‘Faithless Electors’ in Colorado 2016 Election Case Political News
10th Circuit Sides With ‘Faithless Electors’ in Colorado 2016 Election Case
August 22, 2019
by Dan McCue

A federal appeals court on Tuesday ruled that three presidential electors from Colorado were unconstitutionally forced to cast their Electoral College votes for Hillary Clinton in 2016. The ruling by a divided 10th U.S. Circuit Court of Appeals is a victory for so-called “faithless electors” who... Read More

White House Advances Plan for Indefinite Detention of Migrant Families Immigration
White House Advances Plan for Indefinite Detention of Migrant Families
August 21, 2019
by Dan McCue

WASHINGTON - The Trump administration on Wednesday unveiled new regulations that would allow it to indefinitely detain migrant families who cross the southwestern border illegally. The regulations, which will be published in the Federal Register on Friday, voids a long-standing agreement with a federal court, known... Read More

Maryland Marijuana Case Sets Standard For Police Searches Of Crime Suspects State News
Maryland Marijuana Case Sets Standard For Police Searches Of Crime Suspects
August 21, 2019
by Tom Ramstack

A ruling last week by Maryland’s highest court is likely to help redefine the criminal law of marijuana possession as states nationwide search for new legal standards. A unanimous Maryland Court of Appeals ruled that police who smell marijuana can use the odor to justify a... Read More

Ways And Means Chairman Cites ‘Credible Allegations’ Of Misconduct In Presidential Tax Audit Political News
Ways And Means Chairman Cites ‘Credible Allegations’ Of Misconduct In Presidential Tax Audit

WASHINGTON — The House Ways and Means Committee said it had received “credible allegations” from a federal employee of potentially “inappropriate efforts to influence” the IRS’ mandatory audit of presidential tax returns. References to the unexplained allegations were in a letter included in a Tuesday filing... Read More

Kentucky Supreme Court To Decide Suit Over Shop’s Refusal To Make Gay Pride T-Shirts State News
Kentucky Supreme Court To Decide Suit Over Shop’s Refusal To Make Gay Pride T-Shirts

LEXINGTON, Ky.—More than seven years after a Lexington shop refused to make T-shirts for the 2012 Lexington Pride Festival, the Kentucky Supreme Court will hear arguments Friday about whether or not the company violated the city’s Fairness Ordinance. Before the case began moving through the court... Read More

Georgia Supreme Court: Are Data Breach Victims Entitled To Damages? Litigation
Georgia Supreme Court: Are Data Breach Victims Entitled To Damages?

ATLANTA — In the spring of 2016, a cyber thief calling himself the “Dark Overlord” hacked into the databases of a Clarke County medical clinic and emerged with the personal information of an estimated 200,000 patients. The Athens Orthopedic Clinic refused to pay the hacker’s ransom... Read More

Straight From The Well
scroll top