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'Poppycock!': Federal Court Denies Trump's Attempt to Use Border Patrol Agents as Asylum Officers
Poppycock!’: Federal Court Denies Trump’s Attempt to Use Border Patrol Agents as Asylum Officers
COLIN KALMBACHERAug 31st, 2020, 1:07 pm
A federal court dealt a substantial blow to President Donald Trump on Monday morning by tossing a controversial policy that gave Customs and Border Protection (CBP) agents the authority to conduct “credible fear” interviews for asylum seekers.
“[D]efendants, their agents, and any persons acting in concert with them, are enjoined from removing plaintiffs from the United States,” an order from the U.S. District Court for the District of Columbia notes. “[D]efendants, their agents, and any persons acting in concert with them are preliminarily enjoined from continuing to implement the [policy] or otherwise permitting [CBP] agents to conduct asylum interviews or make credible fear determinations.”
The policy was enacted in the summer of 2019 by way of an agreement between Bureau of Citizenship and Immigration Services (CIS) then-acting director Ken Cuccinelli and Acting CBP Commissioner Mark Morgan. Prior to that policy, since 2002, all “credible fear” interviews were conducted by asylum agents with the Refugee, Asylum, and International Operations (RAIO) Directorate which operates under the CIS umbrella.
The Cuccinelli-Morgan agreement resulted in the same class of law enforcement agents performing the duties of asylum officers who make a first instance judgment of law enforcement decisions made on the border. The potential conflict of interest here during “credible fear” interviews conducted by CBP agents was salient.
[...]
COLIN KALMBACHERAug 31st, 2020, 1:07 pm
A federal court dealt a substantial blow to President Donald Trump on Monday morning by tossing a controversial policy that gave Customs and Border Protection (CBP) agents the authority to conduct “credible fear” interviews for asylum seekers.
“[D]efendants, their agents, and any persons acting in concert with them, are enjoined from removing plaintiffs from the United States,” an order from the U.S. District Court for the District of Columbia notes. “[D]efendants, their agents, and any persons acting in concert with them are preliminarily enjoined from continuing to implement the [policy] or otherwise permitting [CBP] agents to conduct asylum interviews or make credible fear determinations.”
The policy was enacted in the summer of 2019 by way of an agreement between Bureau of Citizenship and Immigration Services (CIS) then-acting director Ken Cuccinelli and Acting CBP Commissioner Mark Morgan. Prior to that policy, since 2002, all “credible fear” interviews were conducted by asylum agents with the Refugee, Asylum, and International Operations (RAIO) Directorate which operates under the CIS umbrella.
The Cuccinelli-Morgan agreement resulted in the same class of law enforcement agents performing the duties of asylum officers who make a first instance judgment of law enforcement decisions made on the border. The potential conflict of interest here during “credible fear” interviews conducted by CBP agents was salient.
[...]
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