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Chris Geidner @chrisgeidner
, 13 tweets, 6 min read Read on Twitter
The DOJ / DHS asylum rule is a lot. Here it is: s3.amazonaws.com/public-inspect…
I went through the asylum rule; here are some key points. From the start, the rule makes clear its underlying premise: Asylum is a discretionary "benefit."
This is the meat of the rule: No asylum for people who violate a not-yet-existing presidential order about the southern border.
This "in sum" includes the stretch of a legal conclusion that is going to be a key part of challenges, I suspect: The idea that Congress gave discretion for any asylum limitations "so long as these limitations are consistent with the asylum statute."
Here's the legalese, as in, the sections lawyers planning challenges are looking through:
Although they don't say so explicitly, here's the rationale that will be used by DOJ and DHS as to why courts should defer to the administration: "significant implications for the foreign affairs of the United States."
Here's what the new process will look like for those in expedited removal proceedings, per the rule (on p.40):
Finally, here are the reasons why DOJ/DHS say they are allowed to put the new asylum rule into effect immediately and without notice-and-comment.
Much more from @Haleaziz on the new asylum rule, what people think of it, and what's expected next —> buzzfeednews.com/article/hameda…
And the proclamation is out.
More.
Please send me info about your lawsuits. Email in bio.
Here’s @ZoeTillman on the proclamation and likely coming legal challenges —> buzzfeednews.com/article/zoetil…
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