WASHINGTON.- President Donald Trump’s executive order to prevent immigrants from requesting asylum at the border, in addition to expeditiously deporting them, was described as “illegal” by the Court of Appeals for the District of Washington, DC, this Friday.
“We maintain that the Proclamation and the Guide [del gobierno de Trump] they are illegal to the extent that they circumvent Congress’s carefully crafted removal procedures and set aside federal laws that provide individuals with the opportunity to apply for and be considered for granting asylum or withholding of removal,” the order says.
In this way, the judges confirmed the ruling handed down by the District Court initially, in addition to confirming the certification of the class action lawsuit, which requires that the decision have an impact throughout the United States.
“This decision ends Trump’s inhumane policy of sending people, including families with young children, back into horrific danger without even a hearing,” said ACLU attorney Lee Gelernt, who filed the appeal. “The court made clear that the president does not have the unilateral power to overturn all asylum laws enacted by Congress.
According to the Trump administration, the “212(f)” proclamation allowed it to deport asylum seekers who cross the border, without allowing them to complete the application, citing an “invasion” as an argument.
The lawsuit filed by the ACLU, the National Immigrant Justice Center, the Center for Gender and Refugee Studies, the Texas Civil Rights Project, and the ACLU offices of the District of Columbia and Texas was on behalf of several civil organizations that provide legal services to asylum seekers, in addition to including a group of people throughout the country, who are prohibited from applying for protection.
“The circuit court reaffirmed our belief that a president cannot unilaterally eliminate the right to seek asylum by executive order,” said Keren Zwick, litigation director at the National Immigrant Justice Center.
Daniel Hatoum, senior supervising attorney at the Texas Civil Rights Project, spoke in the same vein and welcomed the court’s decision, as did Nicolas Palazzo, director of advocacy and legal services at the Las Américas Immigrant Defense Center.
“The ruling issued today by the DC Circuit Court of Appeals reaffirms that The president’s arbitrary actions cannot supplant the rule of law in the United States“, he noted. “The right to seek asylum is firmly grounded in US law and binding international obligations.”
Protect those who ask for help
Laura St. John, apt director of the Florence Immigrant and Refugee Rights Project, one of the plaintiff organizations, emphasized that the court’s decision protects people’s right to request protection.
“Today’s decision is a victory for everyone seeking safety and security at our borders.“, he noted. “The right to seek asylum in the United States is protected by law, and no unilateral executive action can override the laws and system that Congress has created.”
The appeals court’s decision can be challenged by the Trump administration before the Supreme Court, where it has even requested emergency decisions, but until such action occurs, this Friday’s determination is a triumph for immigrants and their defenders.
“Since January of last year, the government has used the proclamation to almost completely paralyze the processing of asylum applicationsclosing the doors to vulnerable families, children and adults seeking refuge,” stated Melissa Crow, litigation director at the Center for Gender and Refugee Studies (CGRS). “As the court rightly concluded, American law is clear: people seeking safety have the right to seek asylum.”
Faisal Al-Juburi, co-executive director of RAICES, also welcomed the determination that confirms the rule of law in the US, as a “fundamental” element, confirming the need for “an independent judiciary.”
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