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The administration had planned to expand the program of requiring asylum-seekers to return to Mexico as they await court hearings in the U.S. Now it has to first defend the policy in court.
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A 1996 law limited the ability of immigrants to appeal asylum officers' decisions of whether they truly fear persecution in their home country. An appeals court says those limits are unconstitutional.
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The new procedure is designed to prevent applicants from remaining in the U.S. while they await a hearing before an immigration judge.
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The plan, expected to meet with a swift legal challenge, comes out of talks with Mexican officials. The administration is implementing it first at the San Ysidro, Calif., port of entry.
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Homeland Security Secretary Kirstjen Nielsen said Thursday that migrants entering the U.S. from Mexico — regardless of country of origin — must wait in Mexico while their claims are heard.
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In June, then-Attorney General Jeff Sessions announced a ban on asylum-seekers fleeing gang violence or domestic abuse. A federal judge on Wednesday blocked that ban, saying it had "no legal basis."
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A U.S. district court ruled that President Trump's proclamation banning anyone seeking asylum from entering the U.S. without crossing a port of entry violates existing law.
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As Trump cracks down on asylum-seekers, federal lawsuits argue that the administration is turning its back on legal precedent and international law.
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The change announced on Thursday is designed to prohibit migrants who cross the border outside of designated entry points from seeking asylum in the U.S. A legal challenge was filed on Friday.
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In June, Immigration and Customs Enforcement announced they would house 1,600 immigrant detainees in federal prisons. But now nearly all detainees have been moved elsewhere, deported, or released.