Biden Admin. Will Appeal Block On Trump’s Asylum Rule

“” La administración Biden notificó a un juez federal de DC el miércoles que está apelando la decisión del tribunal de detener temporalmente las restricciones de asilo de la administración anterior, que impuso un plazo de solicitud de 15 días a partir de la primera audiencia de un solicitante de asilo en la corte de inmigración en lugar de un año completo después de que ingresaron a los EE. UU…””

Law360 (March 10, 2021, 8:22 PM EST) — The Biden administration notified a D.C. federal judge on Wednesday that it’s appealing the court’s decision to temporarily halt the former administration’s asylum restrictions, which imposed a 15-day application deadline starting from an asylum-seeker’s first immigration court hearing instead of from a full year after they entered the U.S.

In a brief notice, the U.S. Department of Justice’s Executive Office for Immigration Review said it is appealing U.S. District Judge Reggie B. Walton’s decision in January to grant a preliminary injunction brought by a coalition of immigrants’ rights groups fighting to prevent the rules from going into effect.

Representatives for the parties did not immediately respond to requests for comment.

The government’s interlocutory appeal comes after Judge Walton stayed the case in January for 60 days to give the new administration time to confab and sort out whether its legal opinion has shifted. The DOJ told the court it needed time to figure out how President Joe Biden’s regulatory freeze, which stops all pending rules from taking effect, affects their case.

The Trump administration’s EOIR finalized the regulations in December after a 30-day comment period, and they were set to take effect Jan. 15. The contested provisions would impose a 15-day deadline for some asylum-seekers to file their claims, require the prepayment of a new application fee, reject applications for skipping over inapplicable questions, heighten evidentiary standards for asylum-seekers and speed up cases through the immigration courts within 180 days.

The immigration groups, including the National Immigrant Justice Center and Immigrant Defenders Law Center, filed suit Jan. 8, arguing that federal immigration law preempts many of the changes. For example, because the law already provides for a one-year asylum claim deadline and does not impose a deadline on less permanent forms of relief, the administration cannot invent its own 15-day deadline, the groups argued.

The groups also argued that the proposed rules violate federal immigration law and were improperly issued by a less-senior departmental officer — James R. McHenry III, who used to helm the EOIR — instead of the U.S. attorney general. Jean King is currently the acting director of the EOIR, according to Wednesday’s appeal notice.

A California federal judge on Jan. 8 also temporarily blocked the rule, noting that its challengers showed that then-acting Secretary of Homeland Security Chad Wolf was likely unlawfully appointed to the post and, therefore, lacked the authority to set the rule.

Wolf resigned three days later, citing in a statement “ongoing and meritless court rulings regarding the validity of [his] authority.”

The immigration groups are represented by Kristen A. Lejnieks, Parker A. Rider-Longmaid, David R. Fox, Laura Diss Gradel and David Ledet of Jones Day and Keren Zwick, Mark Fleming and Sarah Thompson of the National Immigrant Justice Center.

The government is represented by Brenda González Horowitz of the U.S. Attorney’s Office for the District of Columbia.

The case is National Immigrant Justice Center et al. v. The Executive Office for Immigration Review et al., case number 1:21-cv-00056, in the U.S. District Court for the District of Columbia

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