Another Federal Judge Overturns Trump’s Asylum Policy

Another Federal Judge Overturns Trump’s Asylum Policy August 4, 2019

For at least the second time, a federal judge has ruled that Trump’s policy that only those who cross the border at an official checkpoint will be allowed to apply for asylum is illegal. The DOJ is appealing one such ruling in the 9th Circuit Court of Appeals, but this one comes from a judge in the U.S. District Court for the District of Columbia.

Credit: MiguelB

Trump declared this policy last year by executive order, but this is an easy case for any judge. It couldn’t be any more blatantly in contradiction of federal law, which I’ve cited before.

A federal judge in Washington, D.C., ruled Friday against a Trump administration policy that would only allow migrants who enter the U.S. through legal ports of entry to claim asylum, the latest blow against the administration’s agenda.

U.S. District Judge Randolph Moss, an Obama appointee, threw out the policy, finding it to be “inconsistent with” the Immigration and Nationality Act…

Moss found in Friday’s ruling that the policy is in conflict with the law, which states that “any alien who is physically present in the United States or who arrives in the United States (whether or not at a designated port of arrival…), irrespective of such alien’s status, may apply for asylum.”

“Whether or not at a designated port of arrival.” Doesn’t really get any more clear than that and presidential proclamation cannot simply reject the clear language of a statute passed by Congress and signed into law. And the Trump DOJ has made an argument so ludicrous here that it’s a wonder the judge didn’t literally laugh out loud when they made it. Their argument is that they can still apply for asylum, they just are no longer eligible to receive it. That’s just embarrassing and I’m surprised there were career attorneys at the DOJ willing to stand up and make such an argument rather than just resigning to avoid the humiliation.

In addition to the two judges who have overruled that specific policy, anther judge has ruled against another policy regarding asylum, which says that no one is eligible for asylum if they passed through another country to get here. Again, a blatant contradiction with federal law.

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