A US district judge ruled on Friday against the Trump administration’s latest effort to curb immigration in less than two weeks until President-elect Joe Biden
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According The Associated Press, District Judge James Donato in San Francisco joined forces with defense groups that processed the restrictions, arguing that the acting Homeland Security secretary Chad WolfPentagon chief Chad Wolf condemns the violence and praises the police response to the Capitol attack. there was no authority to impose the new rules.
Donato decided that Wolf’s appointment violated the agency’s succession order, saying it was the fifth time that a court has ruled against the department for the same reasoning.
“The government has recycled exactly the same legal and factual claims made in the previous cases, as if they had not been widely rejected in well-founded opinions by several courts,” wrote Donato in his decision, according to the AP.
“This is a worrying litigation strategy,” he added. “In fact, the government continues to crash the same car at a gate, in the hope that one day it will break down.”
The proposed asylum restrictions, which took effect on Monday, were first announced by the Department of Homeland Security and the Department of Justice in a 419-page document last month.
The rules included expanding the grounds for a judge to decide whether a request is “frivolous”, and allowing judges to deny requests without a hearing if asylum requests are considered to be supported by insufficient evidence.
The new policy also stated that asylum seekers must prove that they will suffer “a serious level of damage” if they return to their country of origin. The current law says that asylum seekers should have a “credible fear of persecution or torture”.
Aaron Frankel, the plaintiffs’ attorney for Friday’s case, called the rules “nothing less than an attempt to end the asylum system”, according to the AP.
Donato said on Friday that his decision applies across the country, because limiting the scope of the decision “would result in a fragmented and disjointed patchwork of immigration policy.”
It was not immediately clear whether the Trump administration plans to file an emergency appeal against Friday’s decision.