Judge Makes New Ruling on Trump’s Asylum Limits

A federal judge has ruled that migrants who have been stuck at the U.S.-Mexico border since before mid-July aren’t subject to President Trump’s asylum limits.

In July, the Department of Justice (DOJ) and the Department of Homeland Security (DHS) issued a rule that prohibits migrants from petitioning for asylum if they have resided or "transited en route" in a third country on the way to the United States. The rule rendered thousands of Central American immigrants traveling through Mexico ineligible for asylum when they arrived at the U.S. border.

But according to Judge Cynthia Bashant of the Southern District of California, migrants who arrived at the border before the DOJ and DHS issued asylum limits aren’t subject to the restrictions because the rules didn’t exist when they first arrived at the border.

Most of the immigrants who will be impacted by the new ruling came from Guatemala, Honduras, and El Salvador. Although many arrived earlier in the year and followed the law by turning themselves in to the U.S. Border Patrol so they can claim asylum, some were forced to wait in Mexico until their claims could be processed. But under the Trump administration’s “metering" policy, only a limited number of people can be processed through legal ports each day.

In her ruling, Judge Bashant said “because they did as the Government initially required and waited in Mexico, the Government is now arguing that they did not enter, attempt to enter, or arrive in the United States before July 16, 2019, and are now subject to this additional eligibility limitation. This situation, at its core, is quintessentially inequitable."

Despite the ruling, the Trump administration still has plans to reach an agreement with Guatemala that would let the U.S. transfer asylum seekers to Guatemala to apply for protection in that country.

Asylum Lawyers in Skokie

At Gambacorta Law, we understand that asylum seekers come to the U.S. to get away from violence and persecution. That is why we are committed to helping clients navigate the immigration system so they can obtain the visas or green cards they need to live and work in the U.S. If you need help resolving an immigration matter in Skokie, then you need to get in touch with our lawyers to discuss your situation. We can build a comprehensive legal strategy that will protect your best interests.

Give us a call today at (847) 443-9303 to request your consultation with a lawyer at Gambacorta Law.