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Judge suspends Trump rule restricting migrant access to court

2021-04-06T13:25:29.893Z


The Trump Administration's rules, issued in December of last year, drastically reduce the time allowed to file legal briefs in cases, which, according to the plaintiffs, makes it much more difficult for immigrants to find an attorney to represent them in the appeals.


A federal judge suspended a rule established in recent months by the Donald Trump government that restricted migrants' access to the courts and reversed certain processes such as voluntary departure, organizations that demanded the measure reported Monday.



Judge Richard J. León of the District of Columbia Court put the measure on hold in response to a lawsuit filed by five organizations alleging that the rule

"illegally deprives immigrants of access to a full and fair hearing"

in an immigration court.

[This was the reunion in the US of this Honduran mother and her little daughter after six years of separation]

Furthermore, it

"limits their right to present evidence and select a legal advisor of their choice, and eliminates the essential means to obtain immigration assistance

,

"

the organizations explained in a statement.



The rule was issued on December 16, 2020 by the Executive Office for Immigration Review (EOIR), an agency of the Department of Justice (DOJ) that administers the nation's immigration courts.

A migrant family crosses the border into El Paso, Texas, in Ciudad Juárez, Mexico, on Friday, February 26, 2021.AP Photo / Christian Chavez

The Trump administration's rules drastically reduce the time allowed to file legal briefs in cases, which, according to the plaintiffs, makes it much more difficult for immigrants to find an attorney to represent them on appeals.

Likewise, they reverse the procedures to determine voluntary departure, and eliminate the authority of immigration judges and the Board of Immigration Appeals (BIA) to administratively close the procedures or reopen them under their authority, among others. changes.

[A Border Patrol agent rescues a migrant child abandoned at the border: "Aren't you coming with mommy or daddy?"]



In his brief, Judge León stated that the plaintiff groups "have shown probable irreparable damage if not suspension is carried out ”.

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The magistrate will wait for the administration of President Joe Biden to decide to defend the rule.

It is not clear what the new Administration's position is on the inherited measure

.



The lawsuit was filed last January by the Catholic Legal Immigration Network, Brooklyn Defense Services (BDS), the Florence Immigrant and Refugee Rights Project (FIRRP). , the Hebrew Immigrant Aid Society (HIAS), and the National Immigrant Justice Center (NIJC).

[This is how migrants suffer the road through the desert to reach the US]

In a joint statement sent Monday, the plaintiffs noted that they filed the lawsuit "to prevent devastating changes in immigration court procedure from taking effect."

"We are grateful that our lawsuit has led the court to suspend the rule while we continue our legal fight to permanently end it," they added.

With information from EFE. 

Source: telemundo

All news articles on 2021-04-06

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