Please ensure Javascript is enabled for purposes of website accessibility
Judge Blocks Asylum Screening by Border Protection Agents
gvw_ap_news
By Associated Press
Published 4 years ago on
September 1, 2020

Share

SAN DIEGO — A federal judge on Monday blocked U.S. Customs and Border Protection employees from conducting the initial screening for people seeking asylum, dealing a setback to one of the Trump administration’s efforts to rein in asylum.

The nationwide injunction will likely have little, if any, immediate impact because the government has effectively suspended asylum during the coronavirus pandemic, citing public health concerns.

The Trump administration argued that designated CBP employees are trained comparably to asylum officers at U.S. Citizenship and Immigration Services, another agency within the Homeland Security Department. U.S. District Judge Richard J. Leon in Washington disagreed.

“Poppycock!” he wrote in a 22-page decision. “The training requirements cited in the government’s declaration do not come close to being ‘comparable’ to the training requirements of full asylum officers.”

Leon, who was appointed by President George W. Bush, said CBP employees get two to five weeks of distance and in-person training, while asylum officers get at least nine weeks of formal training.

Leon also cast doubt on whether CBP, a law enforcement agency that includes the Border Patrol, could do screenings in a non-adversarial manner, as regulations require.

Representatives of the Homeland Security and Justice Departments did not immediately respond to requests for comment. U.S. Citizenship and Immigration Services said it does not comment on pending litigation.

FILE – In this Sept. 26, 2019 file photo, asylum seekers, in Tijuana, Mexico, listen to names being called from a waiting list to claim asylum at a border crossing in San Diego. A federal judge on Monday, Aug. 31, 2020, blocked U.S. Customs and Border Protection employees from conducting the initial screening for people seeking asylum, dealing a setback to one of the Trump administration’s efforts to rein in asylum. (AP Photo/Elliot Spagat, File)

The Judge Didn’t Address Other Arguments

Lawyers for mothers and their children from Mexico, Ecuador and Honduras who failed the screening — known as a “credible fear” interview, in which they must persuade officials they have a credible fear of persecution in their home country — argued that CBP employees were not authorized to do the work and lacked training.

“This decision puts an end to the sham process of using adversarial Border Patrol agents to conduct highly sensitive interviews with asylum-seekers,” said Julie Carpenter, an attorney for the Tahirih Justice Center, which sued on behalf of asylum-seekers.

The judge didn’t address other arguments, including that the measure was invalid because CBP Commissioner Mark Morgan is serving in an acting capacity and lacks authority under federal law.

The Government Accountability Office, a congressional watchdog, said earlier this month that the Homeland Security Department’s top two officials, also in acting roles, are ineligible to run the agency because they improperly appointed under federal law.

Homeland Security strongly disagreed. Trump nominated Chad Wolf, the acting secretary, to the permanent job last week.

CBP training began last year, and as of February, 91 employees were doing initial screenings, according to a report by the nonpartisan Migration Policy Institute. They approved 37% of people over a 12-month period that ended in May, compared with 64% by USCIS asylum officers.

RELATED TOPICS:

DON'T MISS

UCLA Can’t Let Protesters Block Jewish Students From Campus, Judge Says

DON'T MISS

Ukraine’s Surprise Attack Has Forced Russia to Change Plans

DON'T MISS

Californians Will Vote on $18 Minimum Wage. Workers Want $25 and More.

DON'T MISS

Ricardo Lara Deserves Credit for Trying to Solve California’s Home Insurance Crisis

DON'T MISS

Mark Gardner on Giants’ 2014 World Series Title, Why Fresno Turns Out Great Players

DON'T MISS

Presented With Rise in Border Crossings, Kamala Harris Chose a Long-Term Approach to the Problem

DON'T MISS

WHO Declares Mpox Outbreaks in Africa a Global Health Emergency as a New Form of the Virus Spreads

DON'T MISS

What the Republican Party Might Look Like if Trump Loses

DON'T MISS

Vikings QB McCarthy Needs Surgery on Meniscus Tear in Right Knee

DON'T MISS

Japan’s Prime Minister Prepares to Step Down. Why, and What’s Next?

UP NEXT

WHO Declares Mpox Outbreaks in Africa a Global Health Emergency as a New Form of the Virus Spreads

UP NEXT

Japan’s Prime Minister Prepares to Step Down. Why, and What’s Next?

UP NEXT

Ukraine Says It Has Taken More Ground and Prisoners During Its Advance Into Russia Border Region

UP NEXT

Israeli Strikes on Gaza Leave Children Without Parents and Parents Without Children

UP NEXT

Police Investigate Fatal Shooting in Southeast Fresno

UP NEXT

Leaked Videos Reveal Project 2025’s Radical Plans for Trump-like Administration

UP NEXT

Former Cornell Student Gets 21 Months in Prison for Posting Violent Threats to Jewish Students

UP NEXT

Iran Rejects European Leaders’ Call to Refrain From Any Retaliatory Attacks

UP NEXT

Iran’s Vice President Resigns, Signaling Deep Divisions as Cabinet Takes Shape

UP NEXT

Top Ukrainian Commander Says His Forces Now Control Almost 390 Square Miles of Russia’s Kursk Region

Ricardo Lara Deserves Credit for Trying to Solve California’s Home Insurance Crisis

2 hours ago

Mark Gardner on Giants’ 2014 World Series Title, Why Fresno Turns Out Great Players

2 hours ago

Presented With Rise in Border Crossings, Kamala Harris Chose a Long-Term Approach to the Problem

3 hours ago

WHO Declares Mpox Outbreaks in Africa a Global Health Emergency as a New Form of the Virus Spreads

3 hours ago

What the Republican Party Might Look Like if Trump Loses

3 hours ago

Vikings QB McCarthy Needs Surgery on Meniscus Tear in Right Knee

4 hours ago

Japan’s Prime Minister Prepares to Step Down. Why, and What’s Next?

4 hours ago

Ukraine Says It Has Taken More Ground and Prisoners During Its Advance Into Russia Border Region

4 hours ago

Michigan’s Sherrone Moore Looks Forward to Release of Text Messages in Sign-Stealing Investigation

4 hours ago

Fresno State Foundation Gets $8M Federal Grant to Boost Graduation Rate

5 hours ago

UCLA Can’t Let Protesters Block Jewish Students From Campus, Judge Says

A federal judge on Tuesday temporarily barred the University of California, Los Angeles, from allowing protesters to set up encampments that...

58 mins ago

58 mins ago

UCLA Can’t Let Protesters Block Jewish Students From Campus, Judge Says

1 hour ago

Ukraine’s Surprise Attack Has Forced Russia to Change Plans

1 hour ago

Californians Will Vote on $18 Minimum Wage. Workers Want $25 and More.

2 hours ago

Ricardo Lara Deserves Credit for Trying to Solve California’s Home Insurance Crisis

2 hours ago

Mark Gardner on Giants’ 2014 World Series Title, Why Fresno Turns Out Great Players

3 hours ago

Presented With Rise in Border Crossings, Kamala Harris Chose a Long-Term Approach to the Problem

3 hours ago

WHO Declares Mpox Outbreaks in Africa a Global Health Emergency as a New Form of the Virus Spreads

3 hours ago

What the Republican Party Might Look Like if Trump Loses

MENU

CONNECT WITH US

Search

Send this to a friend