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Judge Orders in Favor of ACLU’s Clients in Asylum Seeker Case

Judge Orders in Favor of ACLU’s Clients in Asylum Seeker Case

Orders plaintiffs originally denied refugee benefits to return to the US and have their cases reheard

Wednesday, US District Judge Emmet Sullivan (the same judge presiding over former National Security Advisor Michael Flynn’s sentencing) ruled in favor of the plaintiffs in a complaint brought by the ACLU against the Justice Department’s guidance on the application of asylum benefits.

The guidance issued by then Attorney General Sessions sought to curb the overuse of “credible fear claims” test.

Fox News has more:

The revised rules were announced by then-Attorney General Jeff Sessions over the summer. The new policy made it harder for asylum seekers to make “credible fear claims” of domestic or gang-related violence back home, in expedited removal immigration proceedings.

“The vast majority of the current asylum claims are not valid,” Sessions said in June.

Federal officials said they made changes to prevent fraud within the asylum system, though the policy also enabled speedy deportations that were later challenged.

A group of asylum seekers, backed by the American Civil Liberties Union, sued the Trump administration in federal court.

The Justice Department responded to the ruling (from Fox News):

In response to the decision, Justice Department spokesman Steven Stafford said: “Under the laws passed by Congress, asylum is only for those who have a legitimate fear of persecution on the basis of their race, nationality, religion, political opinion, or membership in a particular social group. Attorney General Sessions’ ruling in Matter of A-B- was about following that requirement. We are reviewing our options with regard to this ruling, and we will continue to restore the rule of law in our immigration system.”

As did the ACLU:

“This ruling is a defeat for the Trump administration’s all-out assault on the rights of asylum seekers,” Jennifer Chang Newell, managing attorney of the ACLU’s Immigrants’ Rights Project, who argued the case, said in a statement Wednesday. “The government’s attempt to obliterate asylum protections is unlawful and inconsistent with our country’s longstanding commitment to provide protection to immigrants fleeing for their lives.”

Ruling here:

GRACE, et al., Plaintiffs, v. MATTHEW G. WHITAKER,1 Acting Attorney General of the United States, et al., D… by Legal Insurrection on Scribd


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Until the last Democrat-appointed judge is dead it looks like it’s going to be eternal lawfare in a fight to the death. That’s bad enough. If the democrats ever regain a majority in the Senate God help us all.

thalesofmiletus | December 19, 2018 at 5:14 pm

If an attempt to curtail fraud now constitutes an “all-out assault”, that means all the asylum claims are fraudulent.

I am out of adjectives to describe how I feel.
In other news, there is a gofundme for the wall:

    notamemberofanyorganizedpolicital in reply to lc. | December 19, 2018 at 5:50 pm

    I understand it was only started yesterday!

    $1,046,571 of $1.0B goal

    MarkS in reply to lc. | December 19, 2018 at 6:15 pm

    Gofundme because Trump lacks the spine to veto any spending bill that does not have $5 billion for the wall and to repeat as necessary? We don’t need go fund me, we need a president who is not just another lying politician!

Connivin Caniff | December 19, 2018 at 5:48 pm

I know illegal aliens are hale fellows well met and tons of fun, but surely Americans of all stripes will at soon have to say “Enough is enough.” I mean you can have too much of a great thing, even entitlement-sucking throngs of illegals. At 22 to 31 million of the “undocumented” bundles of joy pleasantly hanging out in the shadows now, aren’t the American people just getting a little satiated?

I need asylum – from Democrats.

Lawyers on this site: please tell me how this is happening. These people have no US rights. They’re not American citizens! What am I missing?

    PersonofInterests in reply to D38999. | December 20, 2018 at 10:59 am

    Cloward-Piven and Alinsky Strategies are being employed. One of Alinsky’s Rules for Radicals:

    No. 4. “Make the enemy live up to its own book of rules.” If the rule is that every letter gets a reply, send 30,000 letters. You can kill them with this because no one can possibly obey all of their own rules.

    Saul David Alinsky died 36 years before the election of Barack Obama and Hilary Clinton’s first attempt for the presidency, BUT OBVIOUSLY NOT SOON ENOUGH.

The asylum process is clearly being exploited and abused, adding additional lunacy to the already-farcical lax-to-non-existent enforcement of our immigration laws.

With the Dumb-o-crats’ steadfast opposition to even cosmetic immigration reform, and, the bulk of the federal judiciary appearing to oppose the Administration’s every immigration policy conceit — not based on the merits, but, based on the personal animus of the presiding judges towards Trump — how the hell is a modicum of sovereignty to be preserved?

    TrickyRicky in reply to guyjones. | December 19, 2018 at 6:48 pm

    We will not have sovereignty. We will become a third-world hellhole along the lines of Venezuela. It only took them a couple of decades to go from a mostly well-to-do nation with the world’s largest proven petroleum reserves to a place where the population is malnourished and eating zoo animals. The same fate will befall us if the globalist cabal continues to call the shots in Washington. I’m afraid that the DJT presidency is only a speed bump on the road to ruin, not the detour that many of us hoped for.

As I understand it- they needed to have a hearing on whether they had a legit claim to asylum.

    Andy in reply to Andy. | December 19, 2018 at 6:40 pm

    I hit enter…too soon. None of the migrants in question will meet the required criteria, so I don’t really see this as anything but a waste of resources.

      SDN in reply to Andy. | December 19, 2018 at 7:29 pm

      Doesn’t matter if you can get them across the border “until the hearing” that they won’t show up for.

    JusticeDelivered in reply to Andy. | December 19, 2018 at 11:07 pm

    We need at least 20 thousand semi mounted human cannons operating 24 x 7, five years and all the illegals will have landed south of our border.

UnCivilServant | December 19, 2018 at 7:03 pm

If they’re not mexicans or canadians, there are plenty of safe countries between then and here. A refugee should be offered refuge as close to home as possible so as to return there when the immediate danger has passed to rebuild – not be resettled into a first world nation and go on welfare.

Why is it that any ol’ lawbreaker can come to this country and get a citizen’s rights? This makes no sense.

Subotai Bahadur | December 19, 2018 at 7:32 pm

The only group totally unprotected by the law and Constitution right now are those who work and pay for anything . . . and who up to now have put their faith in the law and Constitution. They are rapidly being disabused of that faith. The law only actively works the for enemies of this country both foreign and domestic; and it is harder and harder to deny it, no matter how hard the legal and judicial profession tries.

Saw something on another site an hour or so ago, where it was postulated that Trump is not another Lincoln, but rather another James Buchanan. Once Buchanan was elected, there was no way to avoid the First American Civil War because the differences were too great and there was no political consensus remaining in the country. Remember, war is just politics by other means. Actually, the ultimate means. The purpose of any political and legal system is to settle differences and allocate power by means acceptable to all or most parties short of physical violence. It is looking more and more like we have failed to do so.

No matter who wins, the likelihood of the result being a constitutional republic with inalienable rights for all is pretty small. The natural state of mankind throughout the span of the species has been tyranny of one sort or another.

Subotai Bahadur

    Buchanan stated “I am the last President of the United States.” Yep… with war clouds on the horizon he chose to “manage the decline.”

    It is EXACTLY this!

    The ruling EEEEELIGHTS have forgotten who they are supposed to be representing…ie. THE PEOPLE!

    Sanctuary cities don’t help THE PEOPLE one bit.

    Allowing illegal aliens in to the country doesn’t help THE PEOPLE one bit!

    Protecting child molesterers from being kicked out of the country doesn’t help THE PEOPLE one bit!

    Having tens of millions of non-residents voting in every race in the country doesn’t help THE PEOPLE one bit!

    But you know who all those things do help? The ruling EEEELIGHTS! But its ok for them because they will never have to face the consequences of their actions because they are safe and secure behind their walls with armed guards.

regulus arcturus | December 19, 2018 at 8:22 pm

Judge has no jurisdiction.

Guess we know who Sullivan really is now.

His 2 worst days in his professional life in a row.

Definitely the “go to” judge for the Left. He uses CNN as para-legals.

Look on the bright side…at least the Judge didn’t say he was shooting this down because of the Presidents inherent and “obvious” racism!

Other than that I guess this will head to the 9th Circuit where they will support the Judge and then on to the SCOTUS where the decision will be shot down.

What a disappointing time in America, when the majority, can’t get their agenda passed! Where is the “WALL’? C’mon America, get back to basics……honor, integrity, patriotism, common sense! LIBERALISM/SOCIALISM, IS ‘DEATH” TO OUR COUNTRY! ! ! ! …..:o{{{

Illegals have “rights” that seem to extend to digging into our wallets, because this crap doesn’t happen for free, and it’s not like they’re trying to come to the US with first/last months rent, utility hook-up money, money for food, transportation,…