berg80
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- Oct 28, 2017
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Being better at controlling the border is easier when you employ illegal methods.
A three-judge panel from the U.S. Court of Appeals for the District of Columbia found that the presidency does not afford Trump the power to circumvent the federal immigration laws that allow for migrants to apply for asylum at the border.
The Immigration and Nationality Act, the federal law that allows migrants to seek asylum once they have entered the U.S., does not allow the president to suspend asylum claims or the mandatory process of reviewing cases for migrants who are fleeing violence in their home countries, the court determined, upholding a lower court’s ruling.
The “text, structure, and history” of the act, the panel ruled, “make clear that in supplying power to suspend entry by Presidential proclamation, Congress did not intend to grant the Executive the expansive removal authority it asserts.” U.S. Circuit Judge J. Michelle Childs, a Biden appointee, wrote the majority opinion for the panel, which also included Cornelia Pillard, an Obama appointee, and Justin Walker, a Trump nominee who wrote a partial dissent.
www.ms.now
Appeals court rules Trump’s asylum ban at southern border illegal
A federal appeals court ruled Friday that President Donald Trump does not have the authority to suspend asylum access for migrants, a crucial piece of the president’s immigration enforcement agenda.A three-judge panel from the U.S. Court of Appeals for the District of Columbia found that the presidency does not afford Trump the power to circumvent the federal immigration laws that allow for migrants to apply for asylum at the border.
The Immigration and Nationality Act, the federal law that allows migrants to seek asylum once they have entered the U.S., does not allow the president to suspend asylum claims or the mandatory process of reviewing cases for migrants who are fleeing violence in their home countries, the court determined, upholding a lower court’s ruling.
The “text, structure, and history” of the act, the panel ruled, “make clear that in supplying power to suspend entry by Presidential proclamation, Congress did not intend to grant the Executive the expansive removal authority it asserts.” U.S. Circuit Judge J. Michelle Childs, a Biden appointee, wrote the majority opinion for the panel, which also included Cornelia Pillard, an Obama appointee, and Justin Walker, a Trump nominee who wrote a partial dissent.
Appeals court rules Trump’s asylum ban at the border is illegal
It’s a blow to a key part of his immigration policy, though asylum cases could stay blocked until the Supreme Court weighs in.
www.ms.now
