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Federal Judge Issues Injunction, Keeping Administration from Enforcing New Asylum Rule

A Federal Judge with the United States District Court in San Francisco has issued temporary restraining order preventing the administration from enforcing its new rule denying the ability to apply for asylum to those who have entered the US without inspection. The case will still ultimately need to be decided by the court; the order is a temporary one preventing enforcement until that time. It applies on a national basis.

As we originally covered here, the administration published an interim final rule stating, among other things, that individuals could not seek asylum in the US if they entered without inspection and admission at a port of entry (airport, border crossing, etc.) This contravenes existing US law and international treaty, which create a right to apply for asylum in the US without regard to manner of entry.

The courts move was unsurprising – the new rule has been widely derided as inconsistent with current law, and beyond presidential power.