A federal judge has blocked the Trump administration from temporarily enforcing two new rules seeking to limit asylum seekers’ ability to obtain work permits and ruled that acting Department of Homeland Security (DHS) Secretary Chad Wolf is likely serving his role unlawfully.
District Court Judge Paula Xinis from Maryland on Friday ruled in favor of five immigrant advocacy groups, granting their request for a preliminary injunction that blocks the administration from enforcing some of its asylum restrictions against members of immigrant organizations Casa de Maryland (CASA) and Asylum Seeker Advocacy Project (ASAP) while their case plays out in court.
The ruling would provide relief to thousands of asylum seeker members of the two organizations seeking to obtain work permits, known as an employment authorization document. CASA has over 100,000 members, meanwhile ASAP has about 4,000 members, according to the judge.
As part of her ruling, Xinis also held that Wolf had promulgated the rules without authority because he was likely serving in his role as the head of DHS unlawfully.
Meanwhile, the other rule makes changes to a number of different requirements related to obtaining a work permit. Some of these changes include requiring asylum seekers to wait 365 days before applying for work authorization, compared to the previous 150-day wait; and making asylum seekers ineligible for work authorization if they file their asylum applications after more than a year upon arriving in the United States.
The judge also held that the immigration groups were likely to succeed on their claim that the rules “are not the product of reasoned decisionmaking.”
“The agency never wrestled with the fundamental implications of deferring or denying advance work authorization. Substantially limiting approval of work authorization for bona fide asylees will inevitably affect their ability to afford the costs of seeking asylum, including hiring legal counsel,” Xinis wrote.
Representatives of ASAP and CASA celebrated the victory but recognized that the “fight is far from over.”
“Not only has the Court recognized the tremendous harm of these new barriers to work authorization on asylum seekers, but it found that Chad Wolf is likely serving illegally as the head of DHS, a role he has used to attack immigrant families and communities across the United States. We will continue to fight to protect our members and build the power of working class communities of color, so that everyone is treated with the respect and dignity they deserve,” said Gustavo Torres, Executive Director of CASA.
The DHS and Justice Department did not immediately respond to The Epoch Times’ request for comment.
Friends Read Free