U.S. District Judge Timothy Kelly, a Trump-appointed judge, has handed the White Hosue a stinging defeat by siding with the left on the administration’s asylum policy, albeit reportedly over a technicality.
Per Hot Air:
It looks like it was a matter of sloppiness in the process rather than a ruling against the policy itself. The good news for those of us concerned about border security and immigration issues is that this ruling will likely have little effect in the near term. In March, the Trump administration put into place a separate coronavirus-related policy that allows border authorities the ability to rapidly deport migrants without standard legal processes. This stops the pathway to request asylum.
The ruling from Judge Kelly pertains to a fast-track rule put into place in July 2019. The rule blocks asylum seekers who pass through another country en route to the United States. It is meant to pressure other countries to help slow the migration of Central American migrants to the U.S – Mexico border. Applicants have to have previously applied for asylum from a previous country or be victims of sex trafficking. Not long after the administration put the rule into place, California-based U.S. District Judge Jon Tigar issued a nationwide injunction blocking it. But, the Supreme Court later stayed that injunction to wait for the outcome of the litigation.
In his ruling, Judge Kelly issued a 52-page opinion that said, “the Trump administration had failed to provide adequate time for public comment or show there was a good reason to bypass standard regulatory processes.”
This isn’t the first time a lack of following the proper process has come back to bite the Trump administration. It looks like the staff needs to tighten up crossing their ‘t’s and dotting their ‘i’s in official paperwork. In June, the Supreme Court gave what looked to be a victory for the children of illegal immigrants when it ruled against the Trump administration’s attempt to end the Deferred Action for Childhood Arrivals (DACA) program. That ruling came down because the administration didn’t meet regulatory requirements – it wasn’t a statement of support for the DACA program itself.
It’s unclear if the Trump administration will appeal Kelly’s ruling.