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herding cats

(19,568 posts)
Wed Dec 19, 2018, 01:26 PM Dec 2018

Judge strikes down bulk of Trump asylum policy

Source: The Hill

A federal judge on Wednesday struck down most of the policies former Attorney General Jeff Sessions issued that made it almost impossible for victims of domestic and gang violence to seek asylum.

Judge Emmet Sullivan, on the U.S. District Court for the District of Columbia, said the policies, which created a stricter test to satisfy the “credible fear” standard for the asylum claims, was unlawful.

He also ordered the government to return to the United States the plaintiffs who were unlawfully deported under the policy.

Sullivan is the same judge who on Tuesday admonished Michael Flynn for committing a “serious offense” by lying to the FBI about his discussions with then-Russian Ambassador Sergey Kislyak while serving in a high-level role at the White House. Flynn, President Trump's first national security adviser, later Tuesday asked for his sentencing to be postponed until his cooperation with federal prosecutors is complete.

--This breaking news report was updated at 12:17 p.m.

Read more: https://thehill.com/regulation/court-battles/422078-judge-strikes-down-bulk-of-trump-administration-policy-cutting-off



Note the Judge, it's Judge Emmet Sullivan, Flynn's judge!

Here's another article from buzzfeed, which I wasn't sure was accepted in LBN.

A federal judge on Wednesday ruled that most of former attorney general Jeff Sessions' decision from June making asylum claims more difficult to advance by those claiming domestic or gang-related violence was illegal — a broad ruling that will allow some would-be asylum seekers a second chance to make their claim.

US District Judge Emmet Sullivan struck down those parts of the June decision from Sessions that Sullivan found violated federal law and ordered the federal government to return those people to the US who had been deported as a result of the Sessions' decision.

"A general rule that effectively bars [asylum] claims based on certain categories of persecutors (i.e. domestic abusers or gang members) or claims related to certain kinds of violence is inconsistent with Congress' intent to bring 'United States refugee law into conformance with the [United Nations Protocol Relating to the Status of Refugees]," Sullivan wrote. "The new general rule is thus contrary to the Refugee Act and the [Immigration and Nationality Act]."

The judge went on to find that that purpose of Sessions' policy, to heighten the standards for consideration of asylum claims at the initial, "credible fear" stage was "fundamentally inconsistent" with the standards set by Congress.


https://www.buzzfeednews.com/article/chrisgeidner/sessions-domestic-gang-violence-asylum-decision-illegal-judg
18 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies

elleng

(131,122 posts)
1. 'He also ordered the government to return to the United States the plaintiffs
Wed Dec 19, 2018, 01:33 PM
Dec 2018

who were unlawfully deported under the policy.'

Stellar

(5,644 posts)
14. Yep, Judge Sullivan ordered a plane to turn around and bring a mother and her child back to the U.S.
Wed Dec 19, 2018, 04:37 PM
Dec 2018

When he found out that the gangs were after her and her child. I believe that's the same case I just heard about.

ToxMarz

(2,169 posts)
5. I expect Trump and Faux News to start trashing this guy
Wed Dec 19, 2018, 02:02 PM
Dec 2018

in 3..2..1

I'm surprised the alt media's haven't started highlighting his skin melanin

Hortensis

(58,785 posts)
15. :) Yes but save some enthusiasm for CHIEF Judge Beryl Howell, also
Wed Dec 19, 2018, 05:01 PM
Dec 2018

of the U.S. District Court in DC.

I'm liking Judge Sullivan too, but Judge Howell is less quirky than he and definitely a heroine of this era. She's the judge immediately overseeing the Mueller investigation. Last August she affirmed its constitutionality and also closed a major dark-money loophole. (These guys are busy these days!) She was the judge who ruled against the challenge to Mueller's "secret subpoena," which was upheld this week at the appellate level. The Kochs know who she is, and I'm sure Putin's people also.

Polybius

(15,483 posts)
16. That's not how it works
Wed Dec 19, 2018, 06:39 PM
Dec 2018

Even if he's impeached and removed, his judges and Justices will still be in place, as will any laws that he signed.

MineralMan

(146,331 posts)
13. You Go, Judge Sullivan!
Wed Dec 19, 2018, 04:04 PM
Dec 2018

That's two blows in two days against Trump. This is very interesting, and may be predictive of other rulings from the DC court.

Trump's up against it, I think, on several levels. It's not going to be a Merry Christmas for the current occupant of the White House, I think.

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