Sunday, December 9, 2018

Most Recent Court Order On Immigration Will Have Serious Unintended Consequences

The legal maze facing asylum seekers at the Southern border has become even more convoluted. A recent federal court order that suspended the Justice Department regulation making illegal crossers ineligible for asylum opens up additional Catch-22 conundrums.
The Justice Department issued an interim final rule (rule) which makes aliens who cross the Mexican border illegally ineligible for asylum. It is supposed to implement President Donald Trump's proclamation that suspends the entry of the illegal crossers, which he issued pursuant to his authority under section 212(f) of the Immigration and Nationality Act (INA).
The Supreme Court upheld Trump’s use of section 212(f) as authority for his Travel Ban Order, holding that section 212(f) “exudes deference to the President in every clause. It entrusts to the President the decisions whether and when to suspend entry, whose entry to suspend, for how long, and on what conditions.” 
Immigration advocacy organizations filed a motion asking a U.S. District Court in Northern California to stop the rule from going into effect.
The parties agreed that the proclamation did not render any alien ineligible for asylum. District Judge Jon S. Tigar found, therefore, that the case did not present the question of whether section 212(f) authorizes the president to directly limit asylum eligibility, so he did not include the proclamation in his decision.
Read the rest of the story HERE.

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