A judge for the US District Court for the District of Columbia ruled [8] Aug. 2 against the Trump administration's ban on asylum requests for people who illegally cross the border. The Trump administration issued the rule [9] in late 2018, prohibiting migrants from applying for asylum except at legal US ports of entry. The rule was created in response to a presidential proclamation [10] issued last November. The plaintiffs sought summary judgment to have this rule declared illegal under the Immigration & Nationality Act [11]. They also argued the rule was improperly imposed under terms of the Administrative Procedures Act [12]. They additionally asked for a class of asylum-seekers to be certified [13] in the case. The government challenged each of these, arguing that the plaintiffs lack standing to sue, fail on the merits, and that the court should not certify a class. The judge held that the rule is illegal under the Immigration & Nationality Act and certified a class for the plaintiffs.
District Judge Randolph Moss wrote: "[A]liens have a statutory right to seek asylum regardless of whether they enter the United States at a designated port of entry, and defendants may not extinguish that statutory right by regulation or proclamation."
This ruling follows the Supreme Court's refusal [14] of an administration request to enforce the asylum ban last December.
From Jurist [15], Aug. 5. Used with permission.
Additional material from CNN [16].
Note: This was one of the Trump administration's several moves to discourage asylum-seekers [17], some of which remain pending in the courts.
