A federal judge on Tuesday confirmed a legal challenge to the Trump administration rule that requires asylum seekers to apply for asylum in another country before coming to the United States.
Washington DC District Court Judge Timothy J. Kelly, who was appointed by Trump in 2017, ruled that the administration's "Third Country Asylum Rule" violated the Immigration and Nationality Act, which allows the Most people who have reached the U.S. border apply for asylum, according to Axios.
The ruling is a severe blow to the administration's immigration policy and comes less than a week after the Supreme Court ruled in favor of DACA (Deferred Action for Childhood Arrivals), allowing nearly 800,000 people to be brought in illegally. to the US As children remain without fear of deportation. .
Kelly described the administration's asylum rule as "foreigners seeking to enter the United States at their southern border who are categorically ineligible for asylum unless they first apply for similar protection in a third country through which they transited."
SUPREME COURT SAYS TRUMP ADMINISTRATION DID NOT PROVIDE SUFFICIENT EVIDENCE TO CANCEL DACA
Neal Katyal, who is involved in the challenge, said the ruling goes into effect immediately.
Kelly said the US Department of Justice and the Department of Homeland Security "unlawfully dispensed" with the requirements of the Administrative Procedure Act and issued the rule "without observing the procedure required by law."
"There are many circumstances in which the courts appropriately differ from the executive's national security sentences," he wrote. "But determining the scope of an APA exception is not one of them."
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The rule focused primarily on Central Americans, causing them to seek asylum in Mexico before coming to the U.S., according to NBC News.