Immigration

Trump Issues Order to Limit Asylum, ACLU Files Lawsuit

JM Ashby
Written by JM Ashby

We first heard several weeks ago that Trump would issue an executive order prohibiting certain immigrants from claiming asylum and Trump has now done exactly that.

Trump's order, which I assume was written by Stephen Miller, would prohibit anyone who crossed the border illegally from claiming asylum.

Current federal law does not impose any such restrictions on foreign persons claiming asylum and the American Civil Liberties Union (ACLU) has already filed a challenge in court.

The American Civil Liberties Union has filed a legal challenge to President Donald Trump’s order denying asylum to migrants if they cross the U.S.-Mexico border illegally.

The lawsuit was filed Friday in federal court in San Francisco and argues the new rules are against the law. Attorney Lee Gelernt says the regulations will put families in danger.

The suit seeks to declare the regulations invalid and want a judge to stop rules from going into effect while the litigation is pending.

Current federal law on this matter seems fairly clear and I expect the court will rule against Trump's order. I also expect the Ninth Circuit Court of Appeals will rule against Trump when it reaches them.

The obvious caveat here is that the Supreme Court, which now includes two Trump loyalists, can still rule in favor of Trump at some point in the future.

Every federal court that looked at Trump's Muslim ban ruled against it, but the Trump regime finally prevailed at the Supreme Court level. It remains to be seen if Trump's Latino ban will meet a similar fate.

The ACLU has had plenty of time to prepare for this because we've known it was coming for nearly a month.

  • muselet

    Federal law and international treaty obligations—the same thing, more or less—explicitly allow people to seek asylum regardless of whether they enter a country legally or not. I am not a lawyer, but it seems clear that Donald Trump’s executive order is obviously illegal. The ACLU is right to challenge Trump’s order.

    And yes, this ultimately hinges on the increasingly unhinged Supreme Court, a prospect that does not fill me with hope.

    –alopecia

  • katanahamon

    Troubles just beginning..here’s an insight into the new AG, from Daily Beast…

    “The Federal Bureau of Investigation is conducting a criminal probe into a Florida company that allegedly scammed customers out of $26 million while Acting U.S. Attorney General Matthew Whitaker served as a paid advisory-board member, The Wall Street Journal reports. The investigation into World Patent Marketing is reportedly being handled by the FBI’s Miami office and U.S. Postal Inspection Service, and the agency started contacting alleged fraud victims as “early as June 2017.” The World Patent was reportedly shut down last year after the Federal Trade Commission accused it of “scamming customers out of $26 million.” The company allegedly charged customers “thousands of dollars to patent and promote their inventions,” while providing “almost no real services” and threatening people who complained.

    The FTC settled the case with the company earlier this year, but an FBI probe reportedly suggests authorities are looking into “potential criminal charges.” According to the Journal, Whitaker was paid $9,375 to serve as an advisory-board member at World Patent. He reportedly appeared in at least two promotional videos for the company, and wrote a 2015 email to an unhappy customer, threatening them with “serious civil and criminal consequences,” documents show. The Justice Department and the FBI declined to comment to the newspaper. Matthew Whitaker was named acting AG by President Trump after Jeff Sessions was fired earlier this week.”

    • muselet

      Charming fellow.

      –alopecia