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Deported migrants sued the Trump administration over asylum — and a familiar judge just ruled on it

This will change how asylum claims are handled

MANDEL NGAN/AFP/Getty Images

A familiar judge ruled against the Trump administration Wednesday in a lawsuit filed by the ACLU representing several migrants who were seeking asylum and refugee status.

The ACLU celebrated their victory in a tweet from their social media account.

"The district court granted our preliminary injunction against Trump's asylum ban, meaning it will stay blocked," the ACLU tweeted. "The court made clear the Trump administration can't turn away vulnerable individuals because of where they seek asylum.

"This ruling will save lives," they claimed.

Judge Emmet Sullivan ruled against the Trump administration and said that they were unlawfully deporting migrants who would otherwise apply for asylum. He ordered the administration to allow the deported migrants back into the United States so that their asylum claims could be considered lawfully.

"The Court holds that it has jurisdiction to hear plaintiffs' challenges to the credible fear policies," Sullivan concluded, "that it has the authority to order the injunctive relief, and that, with the exception of two policies, the new credible fear policies are arbitrary, capricious, and in violation of the immigration laws."

Sullivan was also the judge who postponed the sentencing for Gen. Michael Flynn, the former Trump national security advisor, on Tuesday. Flynn had agreed to a plea agreement to cooperate with the special counsel investigation after he admitted that he had lied to the FBI while they questioned him about his interactions with Russian officials.

Justice Department spokesman Steven Stafford defended the policy change made by former U.S. Attorney General Jeff Sessions in a statement after the ruling was issued.

"Under the laws passed by Congress, asylum is only for those who have a legitimate fear of persecution on the basis of their race, nationality, religion, political opinion, or membership in a particular social group," Stafford said.

"Attorney General Sessions' ruling in Matter of A-B- was about following that requirement," he added. "We are reviewing our options with regard to this ruling, and we will continue to restore the rule of law in our immigration system."

The policy change allowed for the Trump administration to expedite removal from the United States of migrants, but the judge ordered that this violated their right to have a hearing about their refugee claims.

Here's a news report on the development:

One last thing…
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