Posted on 07/02/2018 5:17:51 PM PDT by 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.
Go ahead and enforce your “law,” Judge. We’ll wait for you to round up the necessary authorities to make it stick
The Judge is full of Obama Droppings
” Judge Rules Trump Administration Can’t Arbitrarily Detain Asylum Seekers”
Oh yoo hoo Jeff...tell him to pound sand.
He has more power than the regular old president.
The administration should stall implementation indefinitely, until they can have it overturned. Claim that they are “studying the opinion”, “seeing how they can implement it”, and “prioritizing assets necessary to put the order into action.” If the judge tries to get tough after that, tell him they have moved all affected parties out of his district and he has no jurisdiction outside his district, so his order is now moot. Time to challenge these out of control black-robed tyrants.
Ignore it.
Another moronic ruling by another obama appointee that will eventually be overturned by the appeals court or the Supremes.
That is a good question.
The headline is a lie.
So you get parole now BEFORE you've been to court hell why not just have open borders ...... oh wait nevermind !
Easy. Detain them all, deport email all, militarilze the border until the Wall is built. Removes the “arbitrary” from the equation
SCOTUS already settled this question for good. Why does this judge think he is above the Supreme Court?
Congress has the power to limit the jurisdiction and remedies available to the lower courts. Not that it would pass, but I would love to see a judicial reform bill pushed that would (a) eliminate the purported power of federal district courts to issue nationwide injunctions against the executive branch, and (b) deprive some or all district courts of jurisdiction over claims on behalf of illegal aliens (for example, Congress could designate a single district court to have exclusive original jurisdiction over such claims or perhaps require that they can only be brought before the Supreme Court itself)
A flood of illegals voting is their only hope of winning in the fall and effectively overthrowing our government.
Yep. Just another lower court judge who was picked from the judge shopping which will be overturned. While we wait trump should just ignore his ruling.
They aren’t asylum seekers if they’re not being persecuted by their government.
It’s time that Trump quit letting these activist leftwing judges pretend that they are President rather than him.
Exactly!! They’re not asylum seekers!! They’re mooching illegals who don’t want to make their country better and want to bum off of the American taxpayers.
Would make my day (year, decade?) if the Supreme Court fast tracked this case just to find that the lower courts do not have the authority to file such universal injunctions , and that such injunctions are in all cases null and void except against a single named party.
Well, technically they probably did make their country a little better-- by leaving.
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