MEXICO CITY (dpa-AFX) - The Trump administration's attempt to deny asylum to immigrants seeking safety from domestic and gang-related violence in their home countries suffered another major setback as a federal judge in Washington, D.C., permanently blocked the government's 'expedited removal' policy.
Judge Emmet Sullivan Wednesday struck down the policy saying that it is contrary to the Immigration and Nationality Act, the Refugee Act, and the Administrative Procedure Act.
The judge held that there is no legal basis for an effective categorical ban on domestic violence and gang-related claims.
In a dramatic shift from past practice, the then Attorney General Jeff Sessions in June unveiled strict new limitations on asylum applicants, asserting that victims of domestic abuse and even gang violence would no longer qualify for such protection.
Considering a lawsuit by the American Civil Liberties Union on behalf of 12 plaintiffs, half of whom were hurriedly deported under the order, the court stayed the government order.
ACLU and the University of California's Hastings Center for Gender and Refugee Studies brought the lawsuit on August 9 on behalf of 12 adults and children who all had their asylum claims wrongfully rejected at the 'credible fear' screening stage based on the unlawful policy.
As part of the injunction, the court ordered the government to bring the plaintiffs who were wrongfully removed under this policy back to the United States so that they can pursue their asylum claims. Under the court's order, they will receive a new credible fear interview and their expedited removal orders will be canceled.
The White House responded to the development by saying that the court has once again overridden and undermined United States immigration law.
'Today's ruling will further overwhelm our immigration courts with meritless cases, making the existing massive backlog even worse,' said a statement from the Press Secretary. The White House expressed concern that the court order will also encourage more illegal immigration to the United States, 'to the benefit of ruthless smuggling organizations that too often victimize young women and children'.
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