Another Trump admin anti-immigration move slap down by Federal Courts…..
These people are turning themselves into Border Patrol cops….
They are are NOT trying to sneak into the country….
The ruling broadens constitutional protections for undocumented immigrants at the border and opens a new legal gateway for some of them to appeal for permission to stay in the country, even when an asylum officer and an immigration judge have made a determination that they do not have a credible fear of persecution in their homeland.
“The historical and practical importance of this ruling cannot be overstated,” said Lee Gelernt, deputy director of the American Civil Liberties Union’s Immigrants’ Rights Project, who argued the appeal on behalf of a Sri Lankan migrant who had been turned away at California’s border with Mexico in 2017. He said the ruling “reaffirms the Constitution’s foundational principle that individuals deprived of their liberty must have access to a federal court.”
After dropping precipitously over five decades, the number of migrants intercepted at the southern border — the key indicator of how many undocumented people are entering the United States — is soaring again, driven by an influx of families from Central America fleeing violence and poverty. Immigration authorities received more than 99,000 requests for asylum interviews during the 2018 fiscal year, including more than 54,000 submitted at the southwest border….
The opinion, from the United States Court of Appeals for the Ninth Circuit, extends constitutional habeas corpus guarantees to those applying for asylum at the border and provides that they can seek a hearing in the federal courts before being summarily deported — though the court did not specify what standards the courts must use to evaluate such petitions.
The ruling applies to asylum seekers in the nine western states included in the court’s jurisdiction and, because it conflicts with an earlier ruling rejecting such legal protections in the Third Circuit, the issue is likely to be resolved ultimately by the Supreme Court. In the meantime, legal analysts said, the court’s decision is likely to have sweeping implications for immigration deterrence efforts by enabling thousands to remain in the country while they seek the court review.
Under current procedure, every migrant who arrives at the border and expresses a fear of persecution in his or her homeland is referred for an interview with an asylum officer. Those who succeed in convincing the officer that they have a credible fear are allowed to enter the country and proceed with their asylum cases in the immigration courts. Those who don’t can request a review by an immigration judge, but it is usually cursory and favorable decisions are rare. There is usually no access to a lawyer, and no opportunity to challenge the decision; deportation quickly ensues…..
This may end up before the Supreme’s…..