9th Circuit Court Of Appeals Ruling Will Allow Trump Asylum Ban In Texas And New Mexico
(Gateway Pundit) – A ruling from the 9th Circuit Court of Appeals on Friday will allow for the Trump administration’s asylum ban at certain crossings in Texas and New Mexico.
The Hill reports that “the court said in a ruling that it denied the government’s broader request to reverse a previous decision blocking the policy, but upheld the injunction for states on the border outside of its jurisdiction.”
The policy that was in question denies asylum to migrants who pass through another country on their way to the United States without applying for asylum at the other nation first, for example, migrants from South America who do not request asylum in Mexico. The majority of migrants trying to enter the United States do not apply in any other nation first.
A lower court judge had previously ruled that the policy could open up migrants to abuse by forcing them to apply in other nations first.
“The district court clearly erred by failing to consider whether nationwide relief is necessary to remedy Plaintiffs’ alleged harms,” the Friday ruling said. “And, based on the limited record before us, we do not believe a nationwide injunction is justified.”
Flashback: Attorney General Bill Barr Overturns Asylum Decision – Limits Migrants Seeking Asylum Based On Family Ties
US Attorney General Bill Barr ruled on Monday that migrants claiming to be family members of people being targeted by gangs is not enough to qualify them for asylum.
Barr’s ruling will likely block tens of thousands of people seeking asylum based on family ties.
The case highlighted Monday by the Justice Department is known as Matter L-E-A and is about the son of a man “who owned a store targeted by a local drug cartel.”
The son, a Mexican citizen, crossed into the United States illegally for the second time in 2011 and sought asylum.
Bill Barr overturned an asylum decision by the Board of Immigration Appeals and asserted they had “improperly recognized” the father’s immediate family as a “particular social group,” in effect overturning precedent.
Barr argued that based on the decision by the Board of Immigration Appeals, “virtually every alien” could make their way to the US and claim asylum.
“While the Board has recognized certain clans and subclans as ‘particular social groups,’ most nuclear families are not inherently socially distinct and therefore do not qualify as ‘particular social groups,’” Barr’s conclusion stated.
“Further, as almost every alien is a member of a family of some kind, categorically recognizing families as particular social groups would render virtually every alien a member of a particular social group. There is no evidence that Congress intended the term ‘particular social group’ to cast so wide a net,” Barr added.
Monday’s ruling by Bill Barr is in addition to President Trump’s newly signed “safe third country” asylum agreement with Guatemala.
Ruling from AG Barr determines that simply belonging to a family targeted by a gang doesn't meet the threshold of belonging to a "particular social group" under Asylum law:
"There is no evidence that Congress intended the term 'particular social group' to cast so wide a net.
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