In 1980 the United States Congress agreed to implement the rules on refugees as created by the United Nations. U.S. District Judge Emmet Sullivan has ordered that asylum seekers who were recently deported due to November policy changes by the Trump administration be brought back to the United State so that their cases can be heard again.
“Congress made clear its intent in promulgating the Refugee Act was to bring the United States’ domestic laws in line with the [U.N.] Protocol,” Judge Emmet Sullivan declared in response to an ACLU lawsuit for several migrants against asylum policies established by former Attorney General Jeff Sessions. Sullivan added: “The new credible fear policies are arbitrary, capricious, and in violation of the immigration laws,” and so must be discarded.
In turn, the migrants must get another chance to win asylum and citizenship in the United States under the rules established by President Barack Obama’s officials, said the decision in Grace v. Sessions, decided in the U.S. District Court in Washington D.C.
The decision was hailed by the ACLU: “This ruling is another defeat for the Trump administration’s all-out assault on the rights of asylum seekers.”
Immigration reform groups slammed the judge’s declaration. “When former Attorney General Jeff Sessions acted earlier this year to narrow the grounds for ‘credible fear’ claims, he was not acting on a whim,” said a statement from Dan Stein, president of the Federation for American Immigration Reform. He continued:
He was not even making new policy. Sessions was restoring the ‘credible fear’ standard to what it was prior to 2014. It was a decision of the Board of Immigration Appeals (Matter of A-R-C-G- et al), under the Obama administration, that expanded the grounds for seeking political asylum in the United States to include non-political circumstances like fear of an abusive spouse or generalized violence in one’s homeland.
“The rash of judicial rulings by rogue jurists like Judge Sullivan amounts to a judicial coup d’état that is endangering not just the integrity of our immigration policies, but the bedrock foundations of our republic,” the group said.
In a series of reviews and decisions, then-Attorney General Sessions revised several courtroom decisions made by former President Barack Obama’s immigration judges. The prior decisions offered the huge benefit of asylum to Guatemalan women who said they were abused by their husbands, and to Central Americans who said they were being persecuted by criminal gangs.
Sessions’ revised rulings directed border officials and immigration judges to not grant asylum to people who claim fear of persecution by spouses or criminals.
These and other pro-asylum decisions helped drive a flood of migrants up to the United States, most of whom are actually economic migrants seeking to get legal or illegal jobs in the United States. The migrants want U.S. jobs to live better lives in the United States, but also to aid poor families in Central America. They also need the jobs to pay off the mortgages and debts they owe to the cartel-affiliated coyotes who transport them to the U.S. border.
“Today, a court has, once again, overridden and undermined United States immigration law,” White House press secretary Sarah Sanders said in response to the ruling. “We will continue to fight for the rule of law and against these reckless rulings.”