Judge Rules Trump Administration Can’t Arbitrarily Detain Asylum Seekers

Houston Public Media ^ | July 2, 2018 | Julian Aguilar, The Texas Tribune

[2ndDivisionVet]

A federal district judge has ruled President Donald Trump’s administration’s practice of indefinitely detaining some asylum seekers can’t proceed, dealing a major blow to what immigration attorneys have said is one of the administration’s tools to deter people from seeking safe haven in this country.

The lawsuit was filed in March by the American Civil Liberties Union and named as a defendant the El Paso Immigration and Customs Enforcement (ICE) field office. Other field offices named in the lawsuit include Detroit, Los Angeles, Newark and Philadelphia. The El Paso office covers West Texas and New Mexico.

The ACLU alleged in the lawsuit that the plaintiffs passed their initial “credible fear” exams – the first step in the asylum process to determine if an applicant has a legitimate case. But despite having sponsors willing to provide housing in the United States, the federal government has continued to hold them instead of granting them parole.

“Today’s decision will have an enormous impact on asylum seekers, who pose no risk, and are currently languishing in detention. It is a rejection of the Trump administration’s blanket policy of denying parole to those seeking protection in this country,” said Human Rights First Legal Director Hardy Vieux.

The plaintiffs in the case include a Cuban national who fled that country’s communist regime; a Haitian ethics teacher fleeing political persecution; a Honduran national who alleges persecution for being gay; and a Venezuelan who was beaten by armed groups seeking “to eliminate opposition to the Venezuelan government. They are represented by the ACLU’s Immigrants’ Rights Project, Human Rights First, the Center for Gender and Refugee Studies and Covington and Burling LLP, a law firm based in Washington, D.C.

In his Monday ruling, U.S. District Judge James E. Boasberg granted a preliminary injunction preventing the federal government from denying parole to any provisional class members that are a party to the lawsuit. The lawsuit defines them as “asylum seekers who traveled to the United States, were found to have a credible fear of persecution, and were referred for immigration proceedings to decide their asylum claims.” The exception applies to people who pose a flight risk or a danger to the community.

[TexasTransplant]

Wanna Bet?

[liberalh8ter]

Then they must be deported while we determine the status of their asylum claim. Easy peasy.

[SecondAmendment]

> If the cross illegally a 2nd time and most do... its a felony.

That requires a bill passed by Congress ...

[aquila48]

U.S. District Judge James E. Boasberg - appointed by Obama.

[nomorelurker]

You got the whole problem down in 6 lines of text.

[mlo]

"Must have missed this in the Constitution, maybe the Judge and his pals wold like to show me where the Judge gets his power from to make this utter stupid decision."

Did you read the decision?

[JoSixChip]

In his Monday ruling, U.S. District Judge James E. Boasberg granted a preliminary injunction preventing the federal government from denying parole to any provisional class members that are a party to the lawsuit.

If it's parole, can't they just make the bail $100k?

[drpix]

From this black-robed despot's wiki page:

"James Emanuel "Jeb" Boasberg (born February 20, 1963)[2] is a United States District Judge on the United States District Court for the District of Columbia, also serving as a Judge on the United States Foreign Intelligence Surveillance Court"

It figures he: 1) is a district judge from the Swamp ruling on a southern border issue 2) uses the name "Jeb" and 3) is also serving on the FISA court that has allowed Swamp enforcement and intelligence agencies to abuse their power for political ends.

[KC_Conspirator]

When will the ACLU go back to working for American civil liberties?

[KC_Conspirator]

When will the ACLU go back to working for American civil liberties?

[Bubba_Leroy]

In other breaking news, an Obama appointed district judge has ruled that Anthony Kennedy is not allowed to retire from the Supreme Court

[MCF]

“Time to ignore judges who don’t have power to make these rulings.”
That is what the Left wants right now. Then they would have grounds for impeachment. That is also why the Left is going crazy over Kennedy’s retirement. The next SCOTUS judge will likely help put an end to this abuse of power.

[Karoo]

Great idea!

[Nuc 1.1]

Way past time really. This is how Republics die. It becomes filled with people who refuse to restrain themselves and they impose their will upon others without regard to their rights. There is only one way to respond to this attack upon America. Just say no.

[lastchance]

He did, did he? Well so much for that. Cake?

[wiseprince]

Just put a national security travel ban on all south and central American country then sanction the countries banking system until this nonsense stops. Stop Playing footsie with the courts. It’s a waste of time and money

[yefragetuwrabrumuy]

Call it the “asylum seeker loophole”. Illegals are actually coached to say they are seeking asylum when clearly they are not. Instead of giving them a change of status, it should only earn them a five minute interview to determine if their claim is justified. Otherwise, no entry.

[Engedi]

No then ACLU will file lawsuit saying tent housing is inhumane and some lefty Judge will agree with them and demand they be given housing with air conditioning, full stocked fridge, a 56 inch TV and food stamps and money for their rent for 6 months.

[fruser1]

It’s probably a good time for a “constitutional crisis.”

Trump should wave and nod politely to the judge and continue to do what he sees fit.

[piytar]

Pretty surely this idiot “judge” just opened the door for Justice Thomas to squish these kind of rulings...