Federal judge halts Trump administration's attempt to limit asylum claims by Central Americans

(Image credit: Julio Cesar Aguilar/AFP/Getty Images)

published 25 July 2019

A federal judge on Wednesday issued a preliminary injunction against the Trump administration's new rule blocking asylum claims for most Central American migrants.

Under the policy, announced July 15, migrants would be required to apply for asylum in the first country they arrive in on their way to the United States, and must be denied there before being able to apply in the U.S. As most migrants arriving at the southern border are from Guatemala, El Salvador, and Honduras, a majority would have to apply for asylum in Mexico. Exceptions are made for victims of "severe" human trafficking and immigrants whose asylum applications were rejected by other countries.

In his ruling, Judge Jon S. Tigar in San Francisco wrote the "new rule is likely invalid because it is inconsistent with the existing asylum laws here," adding the government's decision to enact it was "arbitrary and capricious." Earlier in the day, a federal judge in Washington hearing a separate challenge to the policy ruled the restrictions could stay in place, but under Tigar's order, the rule cannot be carried out until there is more debate surrounding its legal issues. The Trump administration argued the policy makes it harder for people to scam the asylum system.

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Catherine Garcia has worked as a senior writer at The Week since 2014. Her writing and reporting have appeared in Entertainment Weekly, The New York Times, Wirecutter, NBC News and "The Book of Jezebel," among others. She's a graduate of the University of Redlands and the Columbia University Graduate School of Journalism.

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