Judge orders halt to controversial Trump asylum policy

Judge orders halt to controversial Trump asylum policy

On behalf of Law Office of Valdez & Monarrez posted in immigration law on Tuesday, November 27, 2018.

Many Texas residents are aware that a caravan of immigrants from Honduras has been traveling to the U.S. border over the past several weeks. About 3,000 of the caravan\’s members have now made their way to Tijuana, and reports indicate that many of them plan to seek asylum in the United States. President Trump has vowed to prevent this from happening, and he issued a presidential proclamation on Nov. 7 that would deny asylum to any individuals who cross the Mexican border illegally.

Trump\’s proclamation contradicts asylum protocols established by international law and codified by Congress. Therefore, the American Civil Liberties Union and Center for Constitutional Rights have filed a lawsuit against the proclamation in court. On Nov. 19, a federal judge ruled that the president does not have the authority to rewrite the nation\’s immigration laws. This led to a temporary restraining order that prevents authorities from enforcing the proclamation.

The decision may seem like a modest victory for immigrants who are fleeing violence and crushing poverty. However, many caravan members seemed undeterred by the presidential proclamation even while it was in place. According to U.S. Customs and Border Protection, 107 undocumented immigrants from the caravan crossed the Mexican border illegally between Nov. 7 and Nov. 19.

Attorneys may petition for asylum on behalf of immigrants who face removal proceedings and fear violence and persecution should they be deported. Attorneys could also help asylum seekers gather the evidence that they will need to convince immigration judges that their fears of danger are credible and genuine.