A San Diego judge rules the Trump administration was misapplying policy to migrants who'd arrived at southern border before the ban took effect but were told to wait in line
A San Diego federal judge on Tuesday ruled that the Trump administration’s so-called asylum ban does not apply to migrants who had already been waiting in line in Mexican border cities for their official chance to ask for protections in the U.S. when the policy took effect in mid-July.
In issuing the order, U.S. District Judge Cynthia Bashant emphasized she was not being asked to rule on the legality of the asylum ban — that question is being handled in other lawsuits — nor was she being asked to make determinations as to the merits of asylum claims. Rather, this was a question of whether the government was applying its own policy correctly.
Attorneys for the government had argued that the asylum ban applies to all those who are arriving to the U.S. — officially entering the port of entry’s turnstiles — not those waiting in Mexico. But Bashant had already rejected that interpretation of “arriving” in an earlier order. “The wording of the asylum ban is clear. ... The government’s position that the asylum ban applies to those who attempted to enter or arrived at the southern border seeking asylum before July 16, 2019 contradicts the plain text of their own regulation,” the judge wrote.
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