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Federal judge defends his decision to block asylum restrictions

Federal judge defends his decision to block asylum restrictions

A California Immigration Judge has defended his decision on asylum restrictions after a ruling from the 9th US Circuit Court of Appeals narrowed the injunction last month. The ninth circuit ruled that the new “Remain in Mexico” policy would only apply to immigrants claiming asylum in California and Arizona, limiting the power of the rule under the ninth circuit's jurisdiction. The “Migrant Protection Protocol,” a Trump Administration policy that forces detained immigrants to remain in Mexico as their Asylum case is waiting to be heard. This rule specifically targeted asylum seekers who crossed through Mexico first.

The ruling offered the Trump Administration a partial win as it increased its efforts to limit the amount of immigration to the United States. US District Judge Jon Tigar halted the Trump administration's rule prior to the ninth circuit's ruling. He recently stated that, "I do think I have the authority to make a clear ruling in favor of my prior injunction as it was issued, if I believe the record supports that ruling," Tiger said in a hearing Thursday. The American Civil Liberties Union, which is challenging the asylum rule along with other groups, outlined the additional evidence it provided to shore up its case against the rule. The Justice Department lawyer pushed back against that evidence, saying it still didn't meet the "tremendous burden."

The rule, which was issued from the Departments of Justice and Homeland Security in July, would prohibit migrants who have resided in or traveled through third countries from seeking asylum in the US, therefore barring migrants traveling through Mexico from being able to claim asylum. The new rule would severely limit who's eligible for asylum.

Whether you have entered the United States by legal or illegal means, you could still be afforded protection if you qualify for asylum. Asylum protects individuals who have come to the United States due to a legitimate fear of persecution in their home country. If you can demonstrate that your fear is credible, you may be able to come under this type of legal protection.

The team at Law Offices of James A. Welcome is backed by years of experience and committed to the personal representation of each one of our clients. We can make sure that all your paperwork is complete and turned in on time, and keep you updated throughout the process. Our founding attorney has been named to Super Lawyers® and maintains a Superb Rating on Avvo. You can trust that our commitment to excellence translates to every case we handle.

Find out more at https://www.welcomelawfirm.com/immigration/asylum

Source: https://www.cnn.com/2019/09/05/politics/asylum-rule-hearing/index.html


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