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WASHINGTON 鈥� A federal court has struck down Trump administration policies that sought to gut asylum protections for immigrants fleeing domestic violence and gang brutality.

The 老澳门开奖结果 and Center for Gender & Refugee Studies challenged the administration鈥檚 new 鈥渆xpedited removal鈥� policies when they were put forth by then-Attorney General Jeff Sessions earlier this year. The policies applied to recently arrived immigrants who express fear of returning to their home countries while in summary removal proceedings.

Judge Emmet Sullivan of the U.S. District Court in Washington, D.C., held that the policies, which instructed asylum officers to 鈥済enerally鈥� deny such domestic violence and gang violence-related claims, violate immigration laws. The court explained that 鈥渢here is no legal basis for an effective categorical ban鈥� on such claims and granted the request for a permanent injunction against the policies.

鈥淭his ruling is a defeat for the Trump administration鈥檚 all-out assault on the rights of asylum seekers. The government鈥檚 attempt to obliterate asylum protections is unlawful and inconsistent with our country鈥檚 longstanding commitment to provide protection to immigrants fleeing for their lives,鈥� said Jennifer Chang Newell, managing attorney of the 老澳门开奖结果鈥檚 Immigrants鈥� Rights Project, who argued the case.

The plaintiffs include women who have endured extensive persecution in the form of sexual and physical violence. Fearing they would be killed, along with their young children, they sought refuge in the U.S. But under the new policies, even though government officials found the accounts credible, they concluded the women did not have a 鈥渃redible fear of persecution鈥� and ordered them to be sent back to the countries where they face grave harm.

In his ruling, Sullivan emphasized that 鈥渂ecause it is the will of Congress 鈥� not the whims of the Executive 鈥� that determines the standard for expedited removal, the Court finds that those policies are unlawful.鈥�

U.S. law requires that, at a minimum, any newly arrived immigrant who expresses fear of return to their home county be given a screening interview with an asylum officer to determine whether they have a 鈥渃redible fear of persecution.鈥� Those who pass the credible fear interview are taken out of the expedited removal system and can pursue their asylum claims in full trial-type hearings in immigration court.

鈥淛udge Sullivan鈥檚 decision ensures that our asylum system remains open to refugees at our border, including those fleeing domestic violence and gang violence. These individuals raise legitimate claims under U.S. and international law, and have an unequivocal right to seek asylum. I am thrilled that the court鈥檚 order upholds that right,鈥� said Eunice Lee, co-legal director of the Center for Gender & Refugee Studies.

The lawsuit is Grace v. Whitaker. Co-counsel are the 老澳门开奖结果, 老澳门开奖结果 of Texas, 老澳门开奖结果 of D.C., and CGRS.

The ruling is at: /legal-document/grace-v-whitaker-opinion

More information is at: /cases/grace-v-whitaker