Esteemed Law Profs, On Trump’s Hideously Unlawful “Third Country” Anti-Asylum “Rule”

Overnight, we have yet another new brief, in East Bay III. It is from several of the most-renowned immigration law professors in the United States. And as we’ve long said. . . it points to statutory commands. From Congress.

So, it will come as no surprise that Stephen Miller, for Donald Trump, didn’t even fully read the current law — let alone the historical development of the post-WW II international treaties. Treaties that, in turn, became codified in 8 U.S.C. § 1158. This has all been well-settled statutory law, for now a half century.

Once again, Trump, acting alone — purporting to adopt a mere “rule” — one that would overtly contradict the scheme of 8 U.S.C. § 1158 — is simply a bridge too far. 45 plainly lacks the power to do what he seeks to do, under the separation of powers doctrines. He needs new legislation — which he knows he will never get. Here’s a bit — do read all 18 pages:

. . . .[T]he new rule subverts the safe third country agreements authorized by Congress in 8 U.S.C. § 1158(a)(2)(A). The United States has been exceptionally sparing in entering into such agreements, concluding a pact with only one country: Canada. See Agreement on Safe Third Country, U.S.-Can., Dec. 5, 2002. . . .

That agreement features exhaustive safeguards for asylum seekers and methodical monitoring from both parties that ensure that removal of foreign nationals under the agreement will comply with Congress’s goal of protection from persecution and “access to a full and fair procedure for determining a claim to asylum.” See 8 U.S.C. § 1158(a)(2)(A). The [purported] new rule circumvents all of these protections. . . .

We owe our founders the duty of preserving what they built for us — in checks and balances. And we owe all humanity, the beacon of freedom General George Washington long ago promised all immigrants. The central idea that Washington advocated became enshrined in Lazarus’ soaring poetry — which was, in turn, inscribed at the base of the Statue of Liberty, in New York harbor.

I, for one, do not intend to let her torch go. . . dark. Not on my watch. See you in court, 45.


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