Judge Strikes Down Trump ‘Anti-Immigrant’ Policies, Orders Restart of Asylum Processing
Article by Brett Wilkins republished from Common Dreams under Creative Commons (CC BY-NC-ND 3.0).
“This ruling reaffirms a basic principle: The federal government cannot shut down lawful immigration pathways or discriminate against people based on where they come from,” said one advocate.
A federal judge in Rhode Island on Friday struck down a series of President Donald Trump’s policies that he ruled were rooted in “anti-immigrant sentiments” and ordered the administration to resume processing of asylum grants and immigration benefit applications of people from 39 targeted countries.
Last November, US Citizenship and Immigration Services indefinitely suspended asylum adjudications and froze immigration applications for people affected by a travel ban implemented after a man from Afghanistan allegedly shot two National Guard troops in Washington, DC.
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Trump vowed to “permanently pause migration from all Third World countries” and expedite the removal of people his administration doesn’t consider “a net asset” to the United States. The administration’s move halted the ability of people from affected nations to obtain green cards, US citizenship, and other benefits.
US District Judge John J. McConnell Jr., an appointee of former President Barack Obama, said in his ruling that the administration’s policies are rooted in “anti-immigrant sentiments that it is forbidden from letting influence its decision-making” and have placed immigrants living in the United States in “indeterminate legal limbo.”
“The challenged policies placed the lives of countless individuals on hold—solely by virtue of their countries of birth,” McConnell wrote. “Over six months later, many of those individuals remain without work, without legal status, and without any meaningful ability to plan for their futures.”
“The government effectively invites the court to shut its eyes and ignore the strong evidence of anti-immigrant animus before it,” the judge added. “Doing so would require profound naiveté on the court’s part. Unfortunately for the government, that is an invitation that this court will have to decline.”
US Department of Homeland Security (DHS) General Counsel James Percival slammed McConnell’s ruling in a social media post accusing “the Left” of “running the same gambit with so-called ‘animus’ claims since 2017.”
“It is sabotage dressed in legal clothing,” Percival added. “It goes like this: (1) the admin is racist, (2) therefore a policy I don’t like is motivated by race, (3) therefore it is invalid. They have used it on virtually every Trump-era DHS policy.”
Plaintiffs and others involved in the case welcomed McConnell’s decision.
“This ruling reaffirms a basic principle: The federal government cannot shut down lawful immigration pathways or discriminate against people based on where they come from,” Democracy Forward president and CEO Skye Perryman said in a statement.
“These unlawful policies caused enormous harm to families, workers, asylum seekers, and communities across the country who were left in limbo, unable to work, access protections, or move forward with their lives,” Perryman added. “We are pleased that the court recognized the devastating human consequences of these policies. Our communities deserve a fair process governed by law, not political targeting rooted in fear-mongering and discrimination.”
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Milagro Sique, CEO at the Dorcas International Institute of Rhode Island, said: “Today is a good day. On behalf of the thousands of immigrants we serve, we are grateful to Judge McConnell for his ruling.”
“These policies were wrong, plain and simple, and caused profound fear and uncertainty for so many of our friends, neighbors, and coworkers,” Sique added. “Having the judicial process work as intended—by upholding the rule of law—gives us some reassurance that all is not lost and allows those who have been impacted to move forward with their lives in a meaningful way.”
Abbey Koenning-Rutherford, staff attorney at Muslim Advocates, said that “today’s decision is an unsparing rejection of the government’s discriminatory and unlawful actions to gut access to immigration benefits under the false pretext of national security.”
“These policies unjustly revived the discriminatory logic of the first Muslim and African bans and expanded them widely to millions of community members already inside the United States,” she continued, referring to policies enacted during Trump’s first term.
“In vacating these unlawful policies, the court makes it unmistakably clear that the Trump administration cannot hold the lives of immigrants in legal limbo based on their countries of birth, and must continue processing their applications for status and benefits as required by law,” Koenning-Rutherford added.
Congresswoman Pramila Jayapal (D-Wash.)—an immigrant from India—was among the Democratic lawmakers who applauded Friday’s ruling, writing on social media that “this is a BIG win.”
“A judge has now reaffirmed that Trump’s freeze on processing immigration applications for 39 countries is illegal and that processing must restart immediately,” she added. “Today’s ruling is not the end of the fight, but it is a major step in the right direction.”
Article by Brett Wilkins republished from Common Dreams under Creative Commons (CC BY-NC-ND 3.0).
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