The court did not allow Trump to tighten the conditions for obtaining asylum in the United States
A federal judge in California on Friday, January 8, blocked attempts by the administration of US President Donald Trump to implement a new rule that would drastically change the asylum system in the United States and limit the right to asylum for immigrants. Writes about it Reuters.
The ban undermines the Trump administration's efforts to solidify its tight immigration policy before President-elect Joe Biden takes office on January 20.
US District Judge James Donato of the Northern District of California issued an injunction sought by immigrant protection groups. The Trump administration published the rule on December 11, and it was due to take effect on Monday, January 11.
What would change the rule
According to experts and advocates, the final rule would cut off access to asylum for most migrants arriving at the US-Mexico border through a series of changes to the eligibility criteria. It also directed immigration judges and asylum officers to deny asylum on a wide range of issues, including domestic and gang violence, with a few exceptions.
Under the new rules, it would be easier for immigration judges to argue that asylum applications are “frivolous”. The rules prohibit individuals from using any form of immigration assistance, and would also allow the authorities to refuse asylum without a hearing if they believe that the applicant lacks certain evidence.
On the subject: What will change in US immigration policy in 2021
But the Trump administration's new rules would raise the standard of proof of "stalking": an applicant would have to prove that they would be hurt if returned to their home country to "serious harm."
The Administration Rule clarifies that “persecution” does not include: “any injury” caused by criminal or military unrest in a country; any treatment that the US considers “offensive, unfair or even illegal, unconstitutional”; harassment; "Threats without any action to eliminate them."
Individuals who claim to face persecution on the basis of gender or the risk of gang violence would also likely not be eligible for asylum if the rules were in place.
The regulatory changes highlight several factors that immigration officials must take into account in the asylum process that deny people the right to protection. This includes information about whether migrants crossed the US border illegally, whether they used forged documents, whether they were tax evaders, and whether they passed through other countries without first obtaining protection status there.
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Pangea Legal Services and Immigration Equality have tried to block this rule on the grounds that the acting head of the US Department of Homeland Security, Chad Wolfe, was not legally appointed to the position. A Brooklyn judge in November blocked the Trump administration's attempt to end the DACA program, which protects some immigrants from deportation, on the same grounds.
“The government has reused the same legal and factual claims that had been made in previous cases, as if they had not been reasonably rejected in the reasoned conclusions of several courts,” Donato wrote in his opinion on the asylum rule.
US President Donald Trump withdrew Wolfe's candidacy on January 7 after he condemned the riots by Trump supporters in the US capital and said he would support an orderly transfer of power to President-elect Joe Biden.
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