JUST IN: Obama-Appointed Judge Blocks President Trump’s Asylum Policy
Judge Richard Seeborg, President Trump
Another day, another Obama judge legislating from the bench.
Judge Richard Seeborg on Monday blocked President Trump’s policy of returning asylum seekers to Mexico as they wait their turn for an immigration judge to hear their cases.
The radical judge’s order, however, won’t go into effect immediately – the order will take effect on April 12th at 5 PM which gives US officials a chance to appeal, the Associated Press reported.
Judge Seeborg, an Obama appointee in San Francisco, granted a request by a civil liberties group that sued the Trump Administration on behalf of 11 asylum seekers from Central America.
The lawsuit claims the Trump Administration violated US law by failing to properly evaluate the dangers that migrants face in Mexico — it also accuses DHS officials of depriving migrants of their right to apply for asylum.
Judge Seeborg has a problem with how the Trump Admin wrote the policy titled “migrant protection protocols,” which took place on January 28th to stop the Central American migrant caravan from entering the US.
The migrants were forced to wait in Mexico rather than inside of the United States — the radical Obama judge is now going to worsen the crisis at the border with his order.
Under the new policy, asylum seekers are not guaranteed interpreters or lawyers and don’t get to argue to a judge that they face the potential of persecution or torture if they are sent back to Mexico, Judy Rabinovitz, an attorney for the American Civil Liberties Union, said at a March court hearing.
Seeborg appeared skeptical of the lawsuit’s argument that the administration misapplied a U.S. law that allows the return of immigrants to Mexico. The ACLU and other groups that are suing say that law does not apply to asylum seekers who cross the border illegally or arrive at a border crossing without proper documents.
The judge also questioned the Justice Department’s argument that asylum seekers sent back to Mexico are not eligible for certain protections, such as a hearing before an immigration judge.
The administration hopes that making asylum seekers wait in Mexico will discourage weak claims and help reduce an immigration court backlog of more than 800,000 cases.
Justice Department attorney Scott Stewart said there is a process to protect immigrants who could face harm in Mexico. All 11 plaintiffs in the lawsuit are represented by attorneys, and 10 already have appeared for court proceedings, he said.
Judicial Watch president Tom Fitton called Judge Seeborg’s order an “astonishing abuse of power by another anti-Trump judge.”
This is an astonishing abuse of power by another anti-@RealDonaldTrump judge (appointed by Barack Obama). Allows foreign nationals in Mexico to use courts to rewrite U.S. law. This decision, if not set aside immediately, will worsen the border crisis. https://t.co/QvywuUCos5
— Tom Fitton (@TomFitton) April 8, 2019