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DC and California Judges Weigh in on Trump Administration’s Asylum Eligibility and Procedural Modifications

July 25, 2019

As previously reported, on July 15, the Trump Administration published a new rule, Asylum Eligibility and Procedural Modifications, which would require individuals who pass through a third party country seeking asylum in the U.S. to first apply for asylum in that third party country.

The rule was met with opposition, and immigrant rights groups Capital Area Immigrants’ Rights (CAIR) and Refugee and Immigrant Center for Education and Legal Services (RAICES) attempted to sue the administration.

On Wednesday, July 24, in Washington, D.C., District Judge Timothy J. Kelly denied the motion stating, “it’s in the greater public interest to allow the administration to carry out its immigration policy.”

Hours later, U.S. District Judge Jon Tigar in San Francisco blocked the new asylum rule. In his remarks, Judge Tigar wrote, the “new Rule is likely invalid because it is inconsistent with the existing asylum laws.” Judge Tigar’s ruling will go into effect immediately.