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 5 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

What Are Fresno Real Estate Experts Predicting for 2025 and Beyond?

DON'T MISS

First California EV Mandates Hit Automakers This Year. Most Are Not Even Close

DON'T MISS

The TikTok Effect: Viral Videos Create the Next Travel Hotspots

DON'T MISS

‘The Studio’ Knows the Real Reason Movies Are Bad

DON'T MISS

US-China Tariff Talks to Continue Sunday, an Official Tells The Associated Press

DON'T MISS

Has America Given Up on Children’s Learning?

DON'T MISS

Could Trump Team Suspend Habeas Corpus to Expedite Deportations?

DON'T MISS

Two Teens Charged in Shooting Death of Caleb Quick

DON'T MISS

India and Pakistan Agree to a Ceasefire After Their Worst Military Escalation in Decades

DON'T MISS

Ukraine and Allies Urge Putin to Commit to a 30-Day Ceasefire or Face New Sanctions

DON'T MISS

Soviet-Era Spacecraft Plunges to Earth After 53 Years Stuck in Orbit

DON'T MISS

Tax the Rich? Slash Spending? Republicans Wrestle With Economic Priorities in the Trump Era

UP NEXT

India and Pakistan Agree to a Ceasefire After Their Worst Military Escalation in Decades

UP NEXT

Ukraine and Allies Urge Putin to Commit to a 30-Day Ceasefire or Face New Sanctions

UP NEXT

Israeli Airstrikes Kill 23 in Gaza as Outcry Over Aid Blockade Grows

UP NEXT

Experts Call Kennedy’s Plan to find Autism’s Cause Unrealistic

UP NEXT

Trump’s Trip to Saudi Arabia Raises the Prospect of US Nuclear Cooperation With the Kingdom

UP NEXT

Summer Movie Guide 2025: Here’s What’s Coming to Theaters and Streaming From May to August

UP NEXT

First At-Home Test Kit for Cervical Cancer Approved by the FDA, Company Says

UP NEXT

Leo XIV’s Service to Poor Propelled Him to Papacy, Cardinals Say

UP NEXT

Iran to Send Russia Launchers for Short-Range Missiles, Sources Say

UP NEXT

Residents Stockpile Food, Rush to Bunkers as Conflict Rattles India and Pakistan

Has America Given Up on Children’s Learning?

2 days ago

Could Trump Team Suspend Habeas Corpus to Expedite Deportations?

2 days ago

Two Teens Charged in Shooting Death of Caleb Quick

2 days ago

India and Pakistan Agree to a Ceasefire After Their Worst Military Escalation in Decades

2 days ago

Ukraine and Allies Urge Putin to Commit to a 30-Day Ceasefire or Face New Sanctions

2 days ago

Soviet-Era Spacecraft Plunges to Earth After 53 Years Stuck in Orbit

2 days ago

Tax the Rich? Slash Spending? Republicans Wrestle With Economic Priorities in the Trump Era

2 days ago

Israeli Airstrikes Kill 23 in Gaza as Outcry Over Aid Blockade Grows

2 days ago

Experts Call Kennedy’s Plan to find Autism’s Cause Unrealistic

2 days ago

Trump’s Trip to Saudi Arabia Raises the Prospect of US Nuclear Cooperation With the Kingdom

2 days ago

The TikTok Effect: Viral Videos Create the Next Travel Hotspots

A recent study from TripIt and Edelman Data & Intelligence discovered 69% of millennials and Gen Z use social media to find inspiration ...

24 hours ago

https://www.communitymedical.org/thecause?utm_source=Misfit+Digital&utm_medium=GVWire+Banner+Ads&utm_campaign=Branding+2025&utm_content=thecause
24 hours ago

The TikTok Effect: Viral Videos Create the Next Travel Hotspots

24 hours ago

‘The Studio’ Knows the Real Reason Movies Are Bad

2 days ago

US-China Tariff Talks to Continue Sunday, an Official Tells The Associated Press

2 days ago

Has America Given Up on Children’s Learning?

2 days ago

Could Trump Team Suspend Habeas Corpus to Expedite Deportations?

The Clovis Police Department identified two suspects they have arrested in connection with the murder of Caleb Quick, 18, at a Saturday, May 10, 2025, news conference. (GV Wire Composite)
2 days ago

Two Teens Charged in Shooting Death of Caleb Quick

2 days ago

India and Pakistan Agree to a Ceasefire After Their Worst Military Escalation in Decades

2 days ago

Ukraine and Allies Urge Putin to Commit to a 30-Day Ceasefire or Face New Sanctions

Help continue the work that gets you the news that matters most.

Search

Send this to a friend