A U.S. district court judge on Friday ruled in favor of the Trump administration’s latest attempt to curb immigration in less than two weeks until the presidential election Joe Biden
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According to The Associated Press, District Judge James Donato in San Francisco sided with advocacy groups that sued the restrictions, arguing that the acting secretary of Homeland Security Chad WolfChad Wolf: Acting Pentagon chief condemns violence and praises law enforcers’ response to the attack on the Capitol The Hill’s 12:30 report: Aftermath of the US Capitol White House announces that Wolf nomination has been withdrawn after he said that Trump must condemn the violence of the Capitol ‘strongly’. had no authority to impose the new rules.
Donato ruled that Wolf’s appointment was inconsistent with the agency’s succession, saying it was the fifth time a court had ruled on the same reasoning against the department.
“The government has recovered exactly the same legal and factual claims made in the previous cases, as if it had not been well rejected by several courts in well-reasoned opinions,” Donato wrote according to the AP.
“This is a worrying process system,” he added. “In fact, the government is trapping the same car in a gate and hoping it can one day break through.”
The proposed asylum restrictions, which would take effect on Monday, were announced the first month by the Department of Homeland Security and the Department of Justice in a 419-page document.
The rules included extending the grounds for a judge to decide whether an application is ‘frivolous’. and to allow judges to refuse requests without trial if the asylum claims are supported by insufficient evidence.
The new policy also stated that asylum seekers must prove that they will suffer serious damage if they return to their country. Current legislation states that asylum seekers must have a “credible fear of persecution or torture.”
According to the AP, Aaron Frankel, a prosecutor’s lawyer on Friday, dismissed the rules as “nothing less than an attempt to end the asylum system”.
Donato said Friday that his ruling applies nationwide because limiting the scope of the decision “would lead to a fragmented and divergent patchwork of immigration policy.”
It was not immediately clear whether the Trump administration intends to file an emergency on Friday’s ruling.