President Donald Trump. | AP Photo/Manuel Balce Ceneta
A California appeals court has rejected two of the Trump administration’s efforts to curtail asylum.
The Ninth Circuit Court docket of Appeals sided with a coalition of immigrant legal products and services teams in ruling against a Trump administration rule barring asylum claims from folks who disagreeable the US-Mexico border with out presenting themselves at an official port of entry.
Take grasp of Richard Paez wrote in his opinion that the asylum rule, whose scope he called “staggering,” violates the Immigration and Nationality Act thru its “categorical ban on migrants who use a means of entry explicitly authorized by Congress.” Paez also argued that the rule of thumb conflicts with a 1951 United Nations treaty governing the treatment of refugees by allowing, among other things, the rerouting of immigrants to international locations “where their lives are threatened.”
In a separate ruling, the appeals court backed a lower court’s preliminary injunction against the administration’s Migrant Protection Protocol requiring asylum-seekers to remain in Mexico while their cases are adjudicated.
Take grasp of William A. Fletcher argued in an opinion that the policy imperils immigrants in violation of legal protections by exposing them to “targeted discrimination, physical violence, sexual assault, overwhelmed and irascible law enforcement, lack of meals and refuge, and practical obstacles to participation in court proceedings in the United States.”
“Uncontested proof in the document establishes that non-Mexicans returned to Mexico beneath the MPP risk substantial harm, even death, while they await adjudication of their applications for asylum,” Fletcher wrote.
The asylum fight is one of many fronts on which Democratic state officials have clashed with the Trump administration in court over immigration policy. Fairly a few state attorneys general, including California Attorney General Xavier Becerra, backed the lawsuit challenging the asylum rule.
The American Civil Liberties Union’s Judy Rabinovitz, an attorney who argued the appeal, said in a statement that the ruling confirmed “it’s time for the administration to notice the law and stop putting asylum seekers in harm’s way.”