The judge saved the U.S. asylum law with a little more greed


No one cares about immigration now. The President recently incited a riot, which led to his second impeachment, one million The new COVID-19 infection this week may not be bad.

In other words, these interferences make news an excellent opportunity to fly under the radar. So I looked around and, sure enough, a federal judge almost saved the asylum law last week.

The case is about New asylum rules The Trump administration made its final decision in December, after the Fed ignored all public comments on it. The stated goal of the new rules is to “simplify” the asylum procedure, which is achieved by restricting who can get asylum. Immigration advocates call it “the death of asylum seekers,” but this is not an exaggeration. The rule will put forward the presumption that asylum is not granted based on the following claims:

  • “Disgust or retribution in interpersonal relationships”, this is the definition of persecution
  • Gender, which completely excludes victims of domestic violence (mostly women) and transgender people
  • A set of conditions related to organized crime, which are clearly intended to exclude asylum seekers from Central America controlled by gangs
  • Extortion, which is also what organized crime does

The rule will also deny asylum to people who have stayed in a third country for more than two weeks before arriving in the United States, and allow judges to refuse certain asylum applications without bothering to hold hearings.

So of course people sued two Times. These lawsuits raise the usual arguments of the Immigration and Nationality Law and the Administrative Procedure Law. However, both lawsuits were filed at the end of 2020. Since then, multiple courts have ruled that the acting DHS Secretary Chad Wolf has not been legally appointed. I have written this before, And I can’t stop thinking about it, because it’s a non-mandatory error. tl;dr is the constitution and statutory rules on who takes over as the secretary of the Department of Homeland Security confirmed by the Senate, and Trump has not followed up twice, so Wolf has no right to make any rules.You don’t need to take it from me; GROHE Said a lot In August.

By 2020, immigrant non-profit organizations have achieved four victories on this basis. On January 8, Judge James Donato of the Northern District of California selected him as fifth. Preliminary injunction Oppose the new asylum rules. He clearly expressed his dissatisfaction:

If the government provides new facts or laws on the issue, or has not considered it so far, then it may be worthwhile. It doesn’t. The government has recalled the exact same legal and factual requirements as the previous cases, as if several courts have not rejected these requirements with reasonable grounds…. This is a disturbing litigation strategy. In fact, the government has been ramming the same car into the gate, hoping to make a breakthrough someday.

according to Court news, Donato (Danato) did not say at the hearing the day before: “The government continues to use the same 8-track tape, and the sound has not improved.” (8-track is an analog format used to store recordings Music, kids.) He also compares Wolf to a “squatter in a rental house.”When DOJ lawyers argued that the judge should treat the former secretary of the Department of Homeland Security (and Record liarThe judge said that Kirstjen Nielsen (Kirstjen Nielsen) intended to change the order of inheritance. Although she did not actually do so, he said: “Unless someone buys it, you should not sell the same bucket of fish.”

The good news is that most of these people will be taken away like rubbish next week, and the Biden administration is free to remove the rule.But they won’t have any more wolves because He resigned as acting secretary on Monday. One of the reasons for the statement is that the court’s ruling challenged his authority, so for public interest lawyers who made this possible, this is the highest one-fifth. one by one.

Lorelei Laird is a freelance writer specializing in law and the only person you know who still has the “I Believe Anita Hill” bumper sticker.Find her

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