The court blocked trump's restrictions on asylum for immigrants - ForumDaily
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The court blocked Trump's restrictions on asylum for immigrants

On July 24, a federal judge demanded that the Trump administration continue to accept asylum claims from all migrants arriving in the United States and eligible for such requests. Thus, the court temporarily prevented the latest attempt by the President of the United States to stop the flow of migrants across the southern border of the country.

Фото: Depositphotos

Judge John Tigar of the United States District Court in San Francisco issued a preliminary injunction against the new rules, which would effectively prohibit most Central American migrants from applying for asylum in new arrivals this year. Also, the rules would affect many migrants from Africa, Asia and other regions, writes New York Times.

The decision was made on the same day that the federal judge in Washington left the restrictions in force. But the order of Judge Tygar hinders the implementation of the rules until the legal side of the case is reviewed more fully.

The new rules require migrants to apply for asylum in the first country they arrive in on their way to the United States. And before they can seek asylum in America, immigrants must be legally rejected in that country - for most, this is Mexico, whose authorities did not support the US decision.

“The new rules are invalid because they are inconsistent with existing asylum laws,” Judge Tigar wrote in his decision, adding that the government’s decision to implement them was “high-handed and capricious.”

The government, which is expected to appeal the decision, said the new rules are aimed at preventing illegal immigrants from exploiting the asylum system itself. Authorities say numerous "unfounded demands" that litter immigration courts are hurting legitimate asylum seekers who are forced to wait longer.

On the subject: United States tightened asylum rules for immigrants

In accordance with the policy that the administration announced on July 15, only those immigrants who have officially been refused in another country or have become victims of “serious” human trafficking are entitled to apply for asylum in the United States.

Immigrants from Honduras and El Salvador must seek asylum in Guatemala or Mexico before they can apply for a petition in the United States, and Guatemalans must apply and be refused in Mexico.

This policy has repealed perennial laws that guaranteed people the opportunity to seek asylum regardless of how they got into the United States.

On July 16, the day the new rules went into effect—first in the Rio Grande Valley of Texas—the American Civil Liberties Union challenged the policy in court in San Francisco. The Washington case was brought separately by two advocacy organizations: the Capital Region Immigrant Rights Coalition and the Center for Refugee and Immigrant Education and Legal Services.

Judge Tigar expressed concern that asylum seekers are being forced to seek protection in Mexico or Guatemala. "We don't know how anyone can think these are safe countries," he said, citing new rules that migrants must apply to the first "safe" country on their way to the United States.

The judge also said that the government did not address the issue of “the adequacy of the asylum system in Guatemala”, which cannot cope with the increasing number of applications.

Amnesty International Americas director of advocacy Charanya Krishnaswamy said it was inhumane and cruel to force people fleeing violence to seek protection in equally dangerous places. “Everyone seeking protection has the right to humane treatment and a fair asylum process consistent with U.S. and international law,” she said.

Фото: Depositphotos

In a federal court in Washington, two groups of lawyers came up with similar arguments against the new Trump administration policy. But Judge Timothy Kelly decided that the groups did not sufficiently support their claim of “irreparable harm” that would be caused to the claimants if the new rules were resolved.

“The plaintiffs here are not asylum seekers. These are only two organizations, one of which operates in the District of Columbia, far from the southern border,” the judge explained his answer.

In recent years, the number of migrants seeking asylum in the United States has increased dramatically. Immigrant families and unaccompanied children contact border patrol agents and then apply for asylum, which allows them to remain in the United States for many years while they go through immigration courts. According to the government, only about 20% of them end up asylum. Many of those whose applications are rejected remain in the country illegally.

On the subject: Immediately and without trial: the Trump administration tightened the rules for the deportation of immigrants

The administration announced the new policy despite the fact that Guatemala and Mexico have not agreed to Trump's plan, meaning the countries are making no guarantees that they will grant asylum to migrants targeting the United States. Negotiations with Guatemala broke down, and the country's President Jimmy Morales canceled a meeting that was scheduled for July 15 at the White House. On July 24, Donald Trump said his administration was considering imposing tariffs on exports from Guatemala or taxing money sent home by migrants.

The new asylum rules are just one of many attempts by the Trump administration to restrict the entry of migrants. At ports of entry, border officials have significantly slowed down the processing of applicants, limiting them to a dozen per day. About 16 migrants are waiting in Mexican border cities under a policy requiring them to remain in that country until their U.S. asylum hearing. This makes it difficult for them to seek a lawyer and reduces their chances of obtaining asylum.

At the end of last year, President Trump promulgated a separate policy that prohibited migrants from applying for asylum if they could not do so at a legal checkpoint. Judge Tigar, who also handled the case, issued a temporary restraining order blocking this rule. The case is currently pending.

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