A federal judge issued an order on Feb. 20 temporarily preventing the Trump administration from removing a group of anonymous asylum seekers while litigation continues in a lawsuit they joined against the president.
The brief administrative stay, issued by U.S. District Judge Randolph Moss in Washington, is set to remain in effect until noon on Feb. 24. The initial lawsuit was filed on Feb. 3 in response to Trump’s proclamation titled “Guaranteeing the States Protection Against Invasion.”
It alleged that under the proclamation, the administration was defying Congress by returning asylum seekers to countries where they faced persecution or torture. In a motion on Feb. 19, the plaintiffs described the individuals with initials such as “A.M.” and “B.R.,” stating their names had been filed under seal.
“These Individual Plaintiffs are noncitizens who fled persecution and torture in their countries of origin and seek asylum and other protection in the United States,” the motion states. It says that “plaintiffs’ counsel conferred with Defendants’ counsel, who indicated that Defendants oppose the relief requested in this motion and do not agree to keep these Individual Plaintiffs in the United States pending the outcome of this lawsuit.”
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U.S. District Judge Randolph Moss, an appointee of President Barack Obama, agreed to block deportation of the eight through noon on Monday by issuing an “administrative stay” freezing the status quo until the court can receive more information on the situation. “We are all a little bit in the dark,” Moss said, as he set another hearing on the issue for 9 a.m. Monday.
The judge said he believes the threat that the asylum seekers may be immediately deported warranted his emergency block, since they have a “substantial likelihood” of succeeding in their claims.
In addition to N.S. and the family of four — who say they “fear persecution by the Taliban because of their political views and perceived support for the United States” — the asylum seekers include one claiming to flee a cartel in Ecuador, one claiming to flee domestic violence in Brazil and one who claims he was jailed and tortured in Egypt over political views.
Moss noted that key details about the circumstances of all eight asylum seekers are unknown, and emphasized there are significant legal limits on district court judges’ role in reviewing removal decisions by the administration.
Justice Department attorney Brian Ward contended that federal district courts, under immigration laws, have been largely barred from playing a role in stopping removal proceedings. Ward argued that Moss had no authority to intervene at all and even to issue his brief stay. Moss asked the Justice Department to provide him with more details about the eight asylum seekers by Friday at midnight.
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