Efforts to restrict immigrants fleeing from oppression were blocked by a federal judge on Friday January 8, 2021. The rule curbs refugees from Central America seeking asylum in the U.S. The rule would make it difficult, if not impossible, to qualify for asylum. Originally, the rule was scheduled to go into effect Monday, January 11, 2021.

U.S. District Judge James Donato in San Francisco agreed with immigrant-rights lawyers who argued that acting Homeland Security Secretary Chad Wolf lacked authority. Mr. Wolf’s nomination in November 2019 was never confirmed by the Senate.

The final rule, officially called Procedures for Asylum and Withholding of Removal; Credible Fear and Reasonable Fear Review, was published Dec. 11, 2020. This is the Trump administration’s latest effort, spanning four-years, to limit asylum seekers. Accordingly, immigrant-rights groups sued to stop the implementation.

Per the Dec 21, 2020 compliant from Pangea Legal Services and others, the rule would deny asylum to an applicant who is already proven eligible if,

  • they failed to file a tax return,
  • spent more than 14 days in any one country while en route to the U.S., or
  • was unlawfully in the U.S. for more than a year cumulatively.

Subsequently, the incoming Biden administration has the choice to appeal the preliminary injunction or not.

Donato is the latest judge to block the acting Secretary of Homeland Security Chad Wolf’s efforts. As such, this injunction is at least the fourth time federal judges found that recent challenges from Mr. Wolf were not allowable due to lack of authority.

“This court is now the fifth federal court to be asked to plow the same ground about Wolf’s authority vel non to change the immigration regulations,” the judge stated. “If the government had proffered new facts or law with respect to that question, or a hitherto unconsidered argument, this might have been a worthwhile exercise. It did not.”

The cases are Pangea Legal Services v. U.S. Department of Homeland Security, 20-cv-09253, and Immigration Equality v. U.S. Department of Homeland Security, 20-cv-09258, U.S. District Court, Northern District of California (San Francisco).

ILBSG remains committed to helping our clients navigate the shifting policy changes. We take every step possible to ensure your continued success. For any questions, please contact an ILBSG attorney today.

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