Court says NO to asylum rule

August 4th, 2019

Remember tRump’s asylum rule, released and effective the same day?

Official release in Federal Register 7/16/2019

And the the following day:

ACLU sues on asylum rule

And now, for the Court’s Order, in the D.C. Circuit, the bottom line:

Trump rule restricting asylum seekers struck down by court

From the opinion:

As explained below, the Court first holds that it has subject-matter jurisdiction, and that Plaintiffs have Article III and zone of interests standing to challenge the Rule. The Court also holds that the Rule (in conjunction with the Proclamation) is inconsistent with 8 U.S.C. § 1158. Those three conclusions end the required inquiry: Because the Rule is contrary to law and must, as a result, be set aside, 5 U.S.C. § 706(2)(A), the Court need not consider Plaintiffs’ alternative legal challenges.

Here’s the full Order:

Moss-DCCircuit_Asylum RuleDownload

What’s really bothering me about this is that these overbroad tRUmp pipedreams are issued, and over and over and over, each of them MUST be challenged, because if not challenged, they stand. What a waste of time and resources. Oh well. tRump shot down on this one too!

Posted by Carol A. Overland
Filed in Disasters, Immigration, Legislative & Policy, Political Sense (non?)
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