A judge for the US District Court for the District of Columbia ruled Friday against the Trump Administration’s ban on asylum requests for people who illegally cross the border.
The Trump administration issued the rule in late 2018, suspending immigration under certain circumstances. Specifically, the rule prohibited immigrants from applying for asylum except at legal US ports of entry. The rule was created in response to a presidential proclamation that suspended immigration for 90 days except by lawful permanent residents at US ports of entry.
The plaintiffs sought summary judgment to have this rule declared illegal under the Immigration and Nationality Act. They also argued the rule was improperly created under the Administrative Procedures Act. They additionally asked for a class of immigrants to be certified in the case. The government challenged each of these arguing that the plaintiffs lack standing to sue, lose on the merits, and that the court should not certify a class.
The judge reviewed this, ultimately holding that the rule is illegal under the Immigration and Nationality Act and certifying a class for the plaintiffs. This ruling follows the Supreme Court’s refusal to enforce the asylum ban last December.