A federal judge blocked last-minute Trump rule restricting asylum claims

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The ruling, which banned migrants who have resided or traveled through third countries from seeking asylum in the U.S., was part of a strong effort by the Trump administration to tighten asylum along the U.S.-Mexico border. Courts had previously moved to block the ruling.
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Tuesday’s ruling applies to the rule in its final form, which came just before Trust Day.

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“Similar to the Interim Rule, the Final Rule removes vulnerable asylum seekers from essential procedural safeguards designed to avoid irregular denial of asylum,” Judge Jon Tigar wrote. . “Also, instead of making sure they are safe, the rule increases the risk of asylum seekers becoming victims of violence … For these reasons, and the additional reasons that As explained below, the Court now upholds the Final Rule from coming into force. “

Tigar also found that former Homeland Security Secretary Chad Wolf had no authority to rule out the final rule, emerging as the latest in a series of judges who asked a question about a situation Wolf at the top of the division. Wolf retired in early January.

The Department of Justice is unlikely to defend the asylum rule of the Trump era moving forward, given the Biden administration’s commitment to restoring asylum at the southern border, rather than restricting it.

Biden, who promised to reverse the hard-line policies of former President Donald Trump, has called for a review of immigration rules enacted under his predecessor. , warning that changes will take time.

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

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