Judge Orders Illegal Aliens Deported Under New Asylum Policy Be Returned To U.S.

Judge Emmet Sullivan ordered that deported immigrants be returned to the U.S. so they can apply for asylum again.

Washington, DC – A federal judge declared that many of new restrictions that have made it more difficult for aliens to receive asylum on the basis of gang-relations or domestic violence are illegal.

U.S. District Court Judge Emmet Sullivan also ordered that those who have been deported due to the restrictions be returned to the U.S. by federal authorities, BuzzFeed News reported.

In the 107-page decision announced on Wednesday, Sullivan determined that President Donald Trump’s administration violated the Immigration and Naturalization Act, The National Law Journal reported.

"A general rule that effectively bars [asylum] claims based on certain categories of persecutors 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, according to BuzzFeed News.

“Many of these policies are inconsistent with the intent of Congress as articulated in the [Immigration and Naturalization Act]. And because it is the will of Congress—not the whims of the executive—that determines the standard for expedited removal, the court finds that those policies are unlawful,” he wrote.

The judge ordered the federal government “to return to the United States the plaintiffs who were unlawfully deported and to provide them with new credible fear determinations consistent with the immigration laws,” according to The National Law Journal.

The American Civil Liberties Union hailed the ruling, and labeled it “a defeat for the Trump administrations all-out assault on the rights of asylum seekers,” NBC News reported.

The heightened requirements for immigrants seeking asylum due to “credible fear” was put into place by then-U.S. Attorney General Jeff Sessions back in June, according to the National Review.

“The vast majority of the current asylum claims are not valid,” Sessions said at the time. “Asylum was never meant to alleviate all problems, even all serious problems, that people face every day all over the world.”

Sessions explained that, under the original policies, many migrants filed applications even though they knew they had no legitimate claim, because initiating the process allowed them to enter and remain in the U.S. while their claims were being processed.

In many cases, applicants remain in the country for years due to the overwhelming backlog of applications.

As many as 700,000 unprocessed asylum claims were pending when the policy change was enacted in June.

Comments (13)
No. 1-11
ProGODProUSA
ProGODProUSA

He became a federal judge, thanks to Clinton. There's the problem.

Officer Cynical
Officer Cynical

Emmet, you are out of your tiny mind.

LEO030
LEO030

I think the judge should open the doors to his home so these displaced immigrants have a comfortable place to stay. The judge shouldn't worry if they have MS13 or Chapo tattooed on their faces. They are peaceful, loving people who will help him with his garden and sharpening his knives.

Memere
Memere

I believe that no single judge should have a divine ruling in cases such as these. There has been too many different decisions made by too many individuals. Supreme Court needs to be involved.

Scattered
Scattered

I don't give a rats ass what this judge ordered. I'm sure he's a Democrat and I believe in our President and trying to keep us safe. He should be removed from the bench for this ruling as it is clearly bias on his part!

JohnPollastro
JohnPollastro

Then open the judges fucking doors to his house and let these immigrants live under his roof and pay for them.

Sailor
Sailor

I hope the reaction of the administration parallels the actions of government and elected officials of sanctuary cities, the actions of some DA's, and any others who do not follow our laws in carrying out their duties. That reaction should be to IGNORE and NOT FOLLOW/COMPLY with this ruling in any way. It is judicial activism pure and simple.

Mama1959
Mama1959

Don't worry about bringing them back, they will cross the border illegally soon enough.

THEDUKE
THEDUKE

Go to Hell Judge Emmett .

Yell2017
Yell2017

This is such BS

bpcarman
bpcarman

So now asylum seekers have rights. Too bad this judge doesnt think American citizens should have rights. What a joke.