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Federal judge blocks last-minute Trump rule limiting asylum claims

Asylum seekers in a tent encampment in Ciudad Juárez.
Getty Images via CNN
Asylum seekers in a tent encampment in Ciudad Juárez.

SAN DIEGO, California — A federal judge in California blocked a Trump-era rule that went into effect just a day before Joe Biden took office and sought to dramatically limit the ability of Central American migrants to claim asylum in the United States

The regulation, which prohibited migrants who have resided in or traveled through third countries from seeking asylum in the U.S., was part of a concerted effort by the Trump administration to tighten asylum along the U.S.-Mexico border. Courts had previously moved to block the regulation.

Tuesday’s ruling applies to the rule in its final form, which came just before Inauguration Day.

“As with the Interim Rule, the Final Rule deprives vulnerable asylum applicants of essential procedural safeguards designed to avoid arbitrary denials of asylum,” wrote Judge Jon Tigar. “Also, rather than ensure their safety, the rule increases the risk asylum applicants will be subjected to violence…For these reasons, and the additional reasons set forth below, the Court now enjoins the Final Rule from taking effect.”

Tigar also found that former acting Homeland Security Secretary Chad Wolf lacked the authority to issue the final rule, becoming the latest in a string of judges who called Wolf’s previous position at the top of the department into question. Wolf stepped down from the role in early January.

It’s unlikely that the U.S. Justice Department will defend the Trump-era asylum rule moving forward, given the Biden administration’s commitment to restoring asylum at the southern border, rather than limiting it.

Biden, who pledged to reverse former President Donald Trump hard-line policies, has called for the review of immigration regulations issued under his predecessor, while cautioning that changes will take time.

Later this week, the administration is expected to begin the gradual entry of migrants subject to a Trump-era asylum policy that forced migrants to wait in Mexico until their immigration court date in the US.

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  1. Decency and actual American greatness rises again. The traitors and racists are on the run, but we can never let our guard down again. Hopefully Republicans have learned a valuable lesson about despots and anti-Americanism

    1. Scooby doo doo rises to the top of the shit hole again. Scooby doo dooo will not take ONE of these unfortunate folks into its home but till allow for everyone in the nation to allow to be taxed for housing these undesirable criminals to be housed in the states. If that is not criminal than what is. Scooby doo doo should be ashamed of herself.

      1. The first step in the asylum process is when ICE checks to see if you are a criminal. So none of these people with asylum claims are criminals. It appears that all of the criminals and traitors were members of the Trump administration or part of the 43 Republicans in the Senate who voted not to convict the criminal in chief, and they were on this side of the border.

    2. That is the actual law. You go to the first country and declare asylum. How ignorant are you. Trump is not a racist but you are not that bright. Please inform me how trump is a racist and I can show you that he is not.

        1. Calm down, bullshitofthematter!! Your moron candidate for president lost the election and will never live down the White Supremacist attack on the American Government that he lead on January 6. All you can do now is to contact the Oath Keepers or Proud Boys and ask them to let you join their Racist, Nazi Club.

          1. Not for long. There is an organization called ‘Traitor Trackers’ who are looking for all the Oath Keepers, neo-Nazis, Proud Bois, and Boogaloo members. They will not be as kind to these traitors as the FBI was.

      1. I have a feeling that the judge who enjoined Trump’s racist policy on asylum knows more about the immigration laws than you do. Sit down somewhere.

    3. Give em hell Charlie. All of these Pro Trump suckasses are pissing in the wind and getting their faces wet with their own dicks. These numbnuts are wasting their time defending Trump The Dry Hump because he is no longer Relevant. Four years from now he will be a fat old slob eating cheeseburgers and fries in his Mar a Lago kitchen and writing his memoirs. So sad! But hey, he asked for it by being the Absolute Worst president EVER. So sad. NOT!!!!

          1. The only kidnapping on the border is done by coyotes. Trumps border policies were put in place to protect children from trafficking. Hence the reason you don’t like it. We all know why you and illegitimate Joe support human trafficking.

          2. You tell em Charlie. Granny maga(change your logo! it is no longer relevant)is right. Trump will not spend a day in prison, he will spend YEARS!! Tax cheater, Serial Lier, Crooked, Insecure, and Racist Bastard will get what’s coming to him. Remember this: Every Dog Has His Day, and Trump will have his sooner or later.

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