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Federal judge overturns Trump admin's 'third-country' asylum rule
UPI ^ | July 1, 2020 / 7:32 AM | By Don Jacobson

Posted on 07/01/2020 10:04:51 AM PDT by Red Badger

July 1 (UPI) -- A federal judge has invalidated a Trump administration rule requiring that refugees seeking asylum at the southern U.S. border must first apply in a "safe" third country.

In a 52-page ruling late Tuesday, U.S. District Judge Timothy Kelly of Washington, D.C., agreed with migrants and rights groups that the administration's "third-country asylum rule" violated U.S. law.

The rule was implemented after a number of Central American migrants from Honduras and Guatemala sought asylum in the United States, due to gang violence in their native countries. The caravans traveled through Mexico to reach the U.S. border.

The Departments of Justice and Homeland Security rolled out the rule after President Donald Trump vowed to stop the migrant caravans headed toward the United States.

Administration officials said the measure was aimed at reducing pressure on the immigration system "by more efficiently identifying aliens who are misusing the asylum system to enter and remain in the United States."

In his ruling Tuesday, Kelly vacated the rule and said it had been quickly imposed without the "notice-and-comment" procedures required under the Administrative Procedure Act, which requires a public commentary period for rule changes.

Kelly also denied the government's plea to stay the ruling pending an appeal.

Tuesday's was the administration's second legal setback on immigration in less than a month. The U.S. Supreme Court upheld the Deferred Action for Childhood Arrivals program on June 18. The administration, however, has already begun to prepare a new challenge.


TOPICS: Business/Economy; Constitution/Conservatism; Crime/Corruption; Government
KEYWORDS: dcdistrict; federalistsociety; judiciary; politicaljudiciary; timothyjkelly; timothykelly; trumpjudge

1 posted on 07/01/2020 10:04:51 AM PDT by Red Badger
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To: Red Badger

Trump appointee.


2 posted on 07/01/2020 10:06:06 AM PDT by Lurkinanloomin (Natural Born Citizens Are Born Here of Citizen Parents|Know Islam, No Peace-No Islam, Know Peace)
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To: Red Badger

Already posted


3 posted on 07/01/2020 10:07:15 AM PDT by Sacajaweau
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To: Red Badger

“sought asylum in the United States, due to gang violence”

Which is BS, they’re usually the gangsters themselves.

And just because your country is a corrupt third world narcocracy is no excuse to barge our gates.


4 posted on 07/01/2020 10:08:16 AM PDT by Regulator
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To: Red Badger

They should quickly demand a higher court put in a stay.


5 posted on 07/01/2020 10:13:05 AM PDT by poinq
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To: poinq

I’m sure they will..................


6 posted on 07/01/2020 10:18:09 AM PDT by Red Badger (To a liberal, 9-11 was 'illegal fireworks activity'..........................)
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To: Red Badger

Speed bump.


7 posted on 07/01/2020 10:21:49 AM PDT by cuban leaf (The political war playing out in every country now: Globalists vs Nationalists)
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To: Red Badger

Isn’t the so called third country covered under the UN treaty on refugees?


8 posted on 07/01/2020 10:36:04 AM PDT by Islander7 (There is no septic system so vile, so filthy, the left won't drink from to further their agenda)
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To: Red Badger

Isn’t that a UN resolution?

SIC SEMPER TYRANNIS


9 posted on 07/01/2020 10:38:46 AM PDT by wastedyears (The left would kill every single one of us and our families if they knew they could get away with it)
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To: Red Badger

Terrorist in black robes.


10 posted on 07/01/2020 11:24:22 AM PDT by Gay State Conservative (The Rats Just Can't Get Over The Fact That They Lost A Rigged Election!)
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To: Red Badger

But ... but ... judge. It was an emergency, so we just ignored the constitution. Good enough for COVID, even better to fight an invasion.


11 posted on 07/01/2020 11:24:39 AM PDT by Savage Rider
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To: Red Badger

So who has the pool on when the next caravan starts?


12 posted on 07/01/2020 11:52:33 AM PDT by zaxtres
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To: Islander7

That’s what I thought. It’s international law! Poor journalism??...nah,,,can’t be!


13 posted on 07/01/2020 12:23:57 PM PDT by gr8eman (Stupid should hurt! Treason should hurt more!)
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