A U.S. district judge ruled Friday against the Trump administration’s latest effort to curb immigration in less than two weeks until the president-elect Joe Biden
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Seconds The Associated Press, Districts Judge James Donato in San Francisco sided with defense groups that demanded the restrictions, arguing that the acting secretary of Homeland Security Wolf ChadPentagon chief in action condemns violence and praises law enforcement response to Capitol attack 12:30 The Hill report: Sequels of terror at the White House of the United States Capitol announce the withdrawal of wolf nomination after saying Trump should “firmly condemn” Capitol violence he had no authority to impose the new rules.
Donato ruled that Wolf’s appointment violated the agency’s succession order, and said it was the fifth time a court had ruled against the department for the same reasoning.
“The government has recycled exactly the same legal claims and in fact in previous cases, as if several courts had not fundamentally rejected the reasoned opinions,” Donato wrote in his ruling, according to the AP.
“This is a worrying litigation strategy,” he added. “In fact, the government continues to crash the same car into a door, hoping it may one day pass through.”
The proposed asylum restrictions, which were due to take effect on Monday, were first announced by the Department of Homeland Security and the Department of Justice in a 419-page document last month.
The rules included expanding the grounds for a judge to decide whether an application is “frivolous.” and allow judges to deny applications without a hearing if asylum claims are deemed to be supported by insufficient evidence.
The new policy also stated that asylum seekers should show that they will suffer “a serious level of damage” if they return to their country of origin. Current legislation states that asylum seekers must have a “credible fear of persecution or torture.”
Aaron Frankel, the plaintiffs’ attorney in Friday’s case, called the rules “nothing less than an attempt to end the asylum system,” according to the AP.
Donato said Friday that his ruling applies nationwide, because limiting the scope of the decision “would result in a fragmented and disjointed mosaic of immigration policy.”
It was not immediately clear whether the Trump administration plans to file an emergency appeal in Friday’s resolution.