A federal judge in Washington, D.C. ruled Friday against the Trump administration’s initial asylum ban, which was announced last November. Judge Randolph Moss vacated the government’s policy barring migrants from claiming asylum if they did not enter the country through designated ports of entry.

The judge found that it violates the Administrative Procedures Act (APA), which oversees the ways federal rules are established. 

“Fortunately, the Court need not engage in such logical gymnastics because the language of the APA and the controlling D.C. Circuit precedent are unambiguous,” he wrote. “The Court, accordingly, concludes that the proper remedy is to set the Rule aside, and the legal consequences of that result are not limited ‘to the individual’ plaintiffs.

“As a matter of common usage, no one would draw a meaningful distinction, for example, between a rule providing that children may not apply for a driver’s license and one providing that children are not eligible to receive a driver’s license. Both locutions mean the same thing.”

This comes after the Trump administration appealed the temporary injunction put in place by in the Northern District of California, in which the judge ruled that the government cannot withhold asylum from migrants who did not apply for asylum in a third country before coming to the U.S.The policy was part of a more recent, near-total ban asylum ban unveiled July 15.

The rule at issue restricts access to the U.S. asylum system for non-Mexican migrants who traveled through Mexico and other countries to reach the southwestern border, but didn’t seek protection in those nations. 

Although its intent is to stem the flow of Central American migrants into the U.S., the Trump rule also affects people from other countries trying to reach the U.S. through Mexico — including Cubans, Venezuelans, Brazilians and central Africans, who have been traveling to the U.S.-Mexico border in higher numbers this year.


Leave a Reply

Your email address will not be published. Required fields are marked *

You May Also Like

Late diagnosis hitting survival rate, study says

People with lung cancer are dying after being diagnosed late in A&E because their GP missed signs of the disease despite often repeated visits, experts have revealed. As many as 56% of people in some parts of England who get…

Trump proposes easing of environmental rules to speed up infrastructure work

The Trump administration is proposing a new rule to ease environmental restrictions and speed up some major infrastructure projects, a move that worries environmentalists concerned about climate change. Specifically, the administration is easing up on regulations under the National Environmental…

Ocasio-Cortez to JPMorgan CEO Jamie Dimon: I’ll remember that

America’s most famous banker is ruffling feathers by knocking socialism.  After JPMorgan Chase CEO Jamie Dimon told CNBC that socialism ultimately leads to “an eroding society,” New York lawmaker Alexandria Ocasio-Cortez said she’s banking the remark for a rainy day. “Saving this…

Andrew Yang to voters: It’s OK to go with a non-establishment candidate

Andrew Yang started out as an unlikely candidate who has surpassed sitting senators and governors in the 2020 race for the White House. He appeared on ABC’s “This Week” days away from the Iowa caucus, where he’s telling voters that…