Democratic-appointed judge response to the ACLU lawsuit against Session’s asylum policies
Back in 1980, the United States agreed to implement the United Nation’s rules on deported migrants, meaning those recently deported must be allowed to fly back into the US for another chance of winning asylum, according to a Democratic-appointed judge.
In response to the ACLU lawsuit for several migrants against asylum policies installed by former Attorney General Jeff Sessions, Judge Emmet Sullivan said: “Congress made clear its intent in promulgating the Refugee Act was to bring the United States’ domestic laws in line with the [U.N.] Protocol.”
“The new credible fear policies are arbitrary, capricious, and in violation of the immigration laws,” he added.
The migrants must be given another opportunity to win asylum under the rules instituted by President Barack Obama’s officials, said the decision in Grace v. Sessions, decided in the U.S. District Court in Washington D.C.
The decision was praised by the ACLU:
“This ruling is another defeat for the Trump administration’s all-out assault on the rights of asylum seekers.”
But Immigration reform groups criticized the judge’s announcement:
“When former Attorney General Jeff Sessions acted earlier this year to narrow the grounds for ‘credible fear’ claims, he was not acting on a whim,” said a statement from Dan Stein, president of the Federation for American Immigration Reform. He continued:
He was not even making new policy. Sessions were restoring the ‘credible fear’ standard to what it was before 2014. It was a decision of the Board of Immigration Appeals (Matter of A-R-C-G- et al.), under the Obama administration, that expanded the grounds for seeking political asylum in the United States to include non-political circumstances like fear of an abusive spouse or generalized violence in one’s homeland.
“The rash of judicial rulings by rogue jurists like Judge Sullivan amounts to a judicial coup d’état that is endangering not just the integrity of our immigration policies, but the bedrock foundations of our republic,” the group said.
Breitbart reports: In a series of reviews and decisions, then-Attorney General Sessions revised several courtroom decisions made by former President Barack Obama’s immigration judges.
The prior rulings offered the considerable benefit of asylum to Guatemalan women who said their husbands mistreated them, and to Central Americans who said criminal gangs were victimizing them.
Sessions’ revised rulings directed border officials and immigration judges to not grant asylum to people who claim fear of persecution by spouses or criminals.
If we agree to judicial supremacism, the border wall is largely moot. they can all come to point of entry and sue to be accepted, under current violation of precedent.
— Daniel Horowitz (@RMConservative) December 19, 2018
These and other pro-asylum decisions helped drive a flood of migrants up to the United States, most of whom are economic migrants seeking to get legal or illegal jobs in the United States.
The migrants want U.S. jobs to live better lives in the United States, but also to aid poor families in Central America.
They also need the jobs to pay off the mortgages and debts they owe to the cartel-affiliated coyotes who transport them to the U.S. border.
The New York Times reported December 18 from one Guatemalan village:
In less than two months, [César Castro, the mayor] said, 200 families have left [to seek asylum in the United States]. He cannot explain the sudden spike, but he offered one theory.
“Somebody came and tricked people and told them, ‘I will get you political asylum — and take a child with you,’” Mr. Castro speculated.
“It’s a new tactic, and people believe it because of their poverty.”
One group included a father and his daughter who died after crossing into New Mexico.
The child’s mother told the newspaper that she wants the U.S. government to let the father stay in the United States to work:
Ms. [Claudia] Maquin sees no other route out of her poverty — now increased by their debt to the smuggler who took her husband and [daughter] Jakelin to the border. The family will not say how much they paid, but Mr. Castro estimated it at between $5,000 to $10,000.
The U.S. government has already asked Sullivan to limit his decision to just the 12 plaintiffs in the case.
That would decrease the result of the judge’s order on the border agencies’ ability to adjudicate asylum claims by tens of thousands of economic migrants each month.