San Francisco judge blocks Trump administration asylum rule News
© WikiMedia (Official White House Photo by Shealah Craighead)
San Francisco judge blocks Trump administration asylum rule

A judge for the US District Court for the Northern District of California blocked the Trump administration’s new asylum rule Wednesday.

The new rule, announced July 15, requires most asylum-seekers to ask for protection in another country before reaching the US-Mexico border. Under the new rule, Hondurans and Salvadorans would have to be denied asylum in Guatemala or Mexico before applying in the US, and Guatemalans would have to be denied first in Mexico.

Judge Jon Tigar issued an injunction preventing the government from taking any action to implement the rule and requiring a “return to pre-rule practices for processing asylum applications.” Tigar found that the new rule is inconsistent with existing asylum laws as it provides none of the protections of the asylum laws enacted by Congress. Additionally the new rule does not conform with the notice-and-comment rules of the Administrative Procedures Act. Finally, Tigar held that the rule is arbitrary and capricious.

This decision came just hours after a federal judge in Washington, DC, denied a request to block the new rule. Ruling form the bench, Judge Timothy Kelly found that the government’s interest outweighs potential damages for organizations helping migrants and that the organizations failed to demonstrate that the new rule would “greatly increase” the amount of time it takes to prepare for migrants’ imminent danger interviews.

Tigar’s ruling suspends enforcement of the new asylum rule, superseding Kelly’s ruling.