Judge Overturns Trump Border Rule Requiring Immigrants to Claim Asylum in Another Country

The Trump administration rule required asylum seekers from Central America to apply for asylum in Mexico

In this March 20, 2020, file photo, asylum seekers stand for a headcount at a makeshift migrant camp in Matamoros, Tamaulipas state, Mexico.
Ivan Armando Flores/Bloomberg via Getty Images

A federal court Tuesday night upheld a challenge to the Trump administration's asylum restrictions, namely a 2019 rule that requires seekers to ask for asylum closer to home.

U.S. District Court Judge Timothy J. Kelly of the District of Columbia ruled in favor of immigrant nonprofits and asylum seekers who argued that the eligibility of the rule known as the "Third-Country Asylum Rule," which was jointly published by the U.S. Department of Justice and the Department of Homeland Security, wrongly violated the Immigration and Nationality Act.

Kelly agreed that in adopting the policy, the administration did not abide by the federal Administrative Procedure Act, which requires that Americans have enough time and opportunity to weigh in on such rule changes.

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