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Federal judge revokes Trump rule that prohibited asylum for immigrants who passed through other countries before reaching the border

A federal judge in Washington DC blocked the Trump administration’s rule that Tuesday that prohibits immigrants from applying for asylum in the United States if they previously went through a third country and they didn’t apply for the benefit there.

The rule, called Third-Country Asylum Rule It came into effect on July 16 of last year as part of the long list of restrictions that the Trump administration has implemented and that is part of the so-called zero tolerance policy in terms of immigration.

The rule requires migrants seeking asylum from Honduras, Guatemala and El Salvador to go first to Mexico before asking for help from the United States.

In his decision, Judge Timothy Kelly said that the rule “it is illegal for various reasons, including that it is contrary to the Immigration and Nationality Law and the Traffic Victims Protection Reauthorization Law “.

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“It is arbitrary and capricious, and was issued without the prior comment and notification procedures required by the Administrative Procedure Law (APA),” he added.

“This decision invalidates Trump’s ‘asylum ban’ on the southern border,” confirmed Neal Katyal, former acting attorney general and legal analyst for MSNBC. “Judge Kelly’s decision, whom President Trump appointed to the bench in 2017, takes effect immediately,” he added.

This is another hard blow to the administration in a few weeks. This decision comes days after the Supreme Court decision to uphold the DACA program and another federal judge’s decision that immigrant children in ICE family detention centers be released.

Also read:

296 days: how an ICE solitary confinement cell led an immigrant to wish death

Immigrants denounce that they suffer aftermath after passing through an ICE detention center: “I could not forget what I lived”

Eight-month-old pregnant migrant dies after falling from Texas border wall

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