Federal Judge Declines to Block the Trump Administration’s Asylum Restrictions at the Southern Border
On July 24, 2019, U.S. District Judge Timothy J. Kelly declined the motion filed by immigrant legal service groups to temporarily block a controversial asylum policy brought forth by the Trump administration. Judge Timothy J. Kelly stated that the groups who filed the lawsuit did not prove that their work would be ‘irreparably harmed’ if the policy moved forward. The new interim rule would essentially end asylum eligibility for any migrant who passes through another country during their journey to the United States’ southern border with Mexico without first seeking protection in that country first. According to the immigrant legal service groups who filed the lawsuit, “The Rule is a part of an unlawful effort to significantly undermine, if not virtually repeal, the U.S. asylum system at the southern border, and cruelly closes our doors to refugees fleeing persecution, forcing them to return to harm.” The definition of a refugee according to the United Nations 1951 Convention and 1967 Protocols is, “a person who is unable or unwilling to return to his or her home country because of a ‘well-founded fear of persecution’ due to race, membership in a particular social group, political opinion, religion, or national origin.” According to reports a motion hearing is scheduled to take place later in the day on the rule before a federal judge in the Northern District Court of California. If you have any questions or concerns regarding the topic of asylum please feel free to contact an immigration attorney.