Skip to comments.Judge strikes down Trump administration rule denying asylum to most migrants at southern border
Posted on 07/01/2020 7:07:04 AM PDT by yesthatjallen
A federal judge late Tuesday night struck down a Trump administration rule that banned most migrants from receiving asylum at the southern border with Mexico.
U.S. District Court Judge Timothy Kelly said the administration failed to follow the procedural law governing how regulations can be implemented, which requires advance notice and a period for the public to comment on the proposal.
"These procedures are not a mere formality," Kelly, who was appointed by President Trump, said in his opinion.
The rule was implemented last year by the Justice Department and Homeland Security in an attempt to crack down on migrants from Central America trying to enter the U.S. It makes all applicants at the southern border ineligible for asylum unless they had previously applied from another country or are the victims of sex trafficking.
"The United States is a generous country but is being completely overwhelmed by the burdens associated with apprehending and processing hundreds of thousands of aliens along the southern border," Attorney General William Barr said in a statement at the time.
(Excerpt) Read more at thehill.com ...
Annoying, but seems easy enough to fix.
TRUMP appointee, btw.
Trump does not have a pen and a phone
“failed to follow the procedural law governing how regulations can be implemented”
The new meme for the Left. Taking his cue from Roberts.
When the Right pointed out that the federal bureaucracies were issuing regulations with short to non-existent comment periods, they were laughed at.
Needless to say they were doing that without emergencies to back them up.
But now we have real emergencies - hundreds of thousands of people bent on invading the United States to show their dominance - leading caravans with their national flags - and the real threat of more disease entering the country illegally.
And Tim Kelly thinks that’s not good enough?
Guess he’s taking care of his brother Catolicos. Another San Patricio Judge.
Same judge would have ordered the Navy from shooting at the Japanese at Pearl Harbor because there wasn’t a Declaration of War.
Howe is this even a regulation? I thought this was simply an enforcement rule that falls within the realm of prosecutorial discretion — sort of like telling the FBI to target organized crime.
Agree. If it's procedural it should be simple to fix but nothing about fixing our "immigration" problems ever turn out to be simple. Just endless petty challenges.
Even President Trump’s appointees rule against him.
Yep. I know many are angry over this but it is important that proper established procedures are followed. If we think it is o.k. for a president we support to ignore them then we have no case if a president we oppose ignores them. Allowing time for public comment is firmly established in law and regulation.
>>TRUMP appointee, btw.
He’s not a judge, he’s a Judas.
The country is committing suicide.
We need a two fold approach.
Implement the rule changes because there is an emergency.
Send a second similar rule change for public comment.
By the time the first gets overruled, the second will be well on it’s way if not complete.
“it is important that proper established procedures are followed. If we think it is o.k. for a president we support to ignore them then we have no case if a president we oppose ignores them.”
You’re right of course.
I know I was eternally grateful when Obama and Clinton followed established procedures.
They tore those pages out of their books.
One thing I think we can all agree on, the Trump administration sucks at administrative law.
And no....they were not treaties.
Yes. They need to get used to following the APA. Fewer setbacks that way.
Simply take 10 illegal immigrants with Covid 19 virus to the judges chambers and see how he reacts.
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