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East Bay Sanctuary Covenant v. Trump
United States Court of Appeals for the Ninth Circuit
950 F.3d 1242 (2020)
The Refugee Act of 1980 and the Immigration and Nationality Act both allow migrants to apply for asylum regardless of how they enter the United States. In 2018 the Department of Homeland Security and the Department of Justice adopted a rule that would bar asylum eligibility to anyone who entered the United States in violation of a presidential proclamation. President Trump (defendant) issued a proclamation suspending entry of all migrants at the southern border who do not present themselves at a port of entry. East Bay Sanctuary Covenant (East Bay) (plaintiff) and other organizations that represent refugees sued in federal district court, claiming the rule was improperly promulgated. The rule had been adopted by the Department of Homeland Security and the Department of Justice without a notice-and-comment period, in violation of the Administrative Procedure Act (APA). Trump claimed that the good-cause exception applied, because there would be harm if the implementation of the rule were delayed. Trump cited a Washington Post article that said migrants could cross the border if they had children with them. The district court found that there was a connection between the facts in the article and the rule promulgated. East Bay appealed to the Ninth Circuit.
Rule of Law
Holding and Reasoning (Paez, J.)
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