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Federal Judge Reverses Trump Asylum Policy Due To Government Failing To Abide By Administrative Procedure Act

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(Law & Crime) — A federal judge appointed by President Donald Trump on Tuesday evening overturned the Trump Administration’s second and most restrictive asylum policy, all because the government failed to abide by the Administrative Procedure Act (APA), the judge reasoned.

In a 52-page opinion, U.S. District Judge Timothy Kelly of Washington, D.C. held that in enacting the rule, which required immigrants to seek asylum in any country they passed through before they could claim asylum in the U.S., the Trump administration “unlawfully dispensed” with mandatory procedural requirements allowing the public to weigh in on proposed rule changes.

Kelly, who was appointed to the court in 2017, rejected the Trump administration’s assertion that the asylum rule fell within exceptions to the APA permitting the government to disregard the notice-and-comment requirement if there’s “good cause” such commentary is unnecessary or if the rule involves a military or foreign affairs function.

“[The court] also holds that Defendants unlawfully promulgated the rule without complying with the APA’s notice-and-comment requirements, because neither the ‘good cause’ nor the ‘foreign affairs function’ exceptions are satisfied on the record here,” Kelly wrote. “Despite their potentially broad sweep, the D.C. Circuit has instructed that these exceptions must be ‘narrowly construed’ and ‘reluctantly countenanced.’ The Circuit has also emphasized that the broader a rule’s reach, ‘the greater the necessity for public comment.’ With these baseline principles in mind, the Court considers whether either the good cause or foreign affairs function exception applies here. Neither does.”

According to Kelly, the Immigration and Nationality Act (INA) generally allows any person physically in the U.S. seeking refuge to apply for asylum — with some exceptions for immigrants who have committed certain crimes or who had previously been “firmly resettled” prior to arriving in the U.S.

“The Court reiterates that there are many circumstances in which courts appropriately defer to the national security judgments of the Executive. But determining the scope of an APA exception is not one of them,” Kelly wrote. “As noted above, if engaging in notice-and-comment rulemaking before implementing the rule would have harmed ongoing international negotiations, Defendants could have argued that these effects gave them good cause to forgo these procedures. And they could have provided an adequate factual record to support those predictive judgments to which the Court could defer. But they did not do so.”

Claudia Cubas, the Litigation Director at CAIR Coalition, one of the plaintiffs in the lawsuit, praised the decision as removing an “unjust barrier to protection” for those in need.

“By striking down this rule, Judge Kelly reaffirmed two fundamental principles. The protection of asylum seekers fleeing for safety is intertwined with our national values and that the United States is a country where the rule of law cannot be tossed aside for political whims,” Cubas said.

Read the full opinion below:

Asylum Ban Decision by Law&Crime on Scribd

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Trump Adviser Rudy Giuliani Captured In Compromising Position With Woman He Was Told Was A Reporter In ‘Borat Subsequent Moviefilm’

The forthcoming “Borat” sequel reportedly features Rudy Giuliani engaging in provocative behavior with a woman he’d been told was a reporter.

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(The Hill) — The forthcoming “Borat” sequel reportedly features Rudy Giuliani engaging in provocative behavior with a woman he’d been told was a reporter.

The adviser to President Trump appears to have unknowingly participated in “Borat Subsequent Moviefilm,” the comedy starring Sacha Baron Cohen that is poised to be released Friday on Amazon Prime Video.

According to multiple reports, Giuliani sits down for an interview at a New York hotel with the character Tutar, Borat’s teenage daughter who’s posing as a TV journalist and was played by 24-year-old actress Maria Bakalova.

The 76-year-old former New York mayor is heard complimenting the supposed reporter and following her to a bedroom, where eventually he stretches out on the bed.

Vanity Fair describes the scene captured on hidden cameras, saying of Giuliani, “His hand is in his pants. Watching it, your brain turns into an exclamation point.”

Cohen, as Borat, then reportedly runs into the hotel room sporting a bikini and exclaiming, “She’s 15. She’s too old for you.”

Giuliani did not respond to The Hill’s request for comment.

He told the New York Post in July that he had agreed to participate in what he believed was an interview about the Trump administration’s COVID-19 response.

“This person comes in yelling and screaming,” Giuliani said of Cohen, “and I thought this must be a scam or a shake-down, so I reported it to the police. He then ran away.”

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Pope Francis Announces Support For Civil Unions For Same-Sex Couples In New Documentary

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(CNN) — Pope Francis has declared support for civil unions for same-sex couples for the first time, according to the Catholic News Agency.

The Pope made the historic remarks in a new documentary film, “Francesco,” which was released in Rome on Wednesday.

“Homosexual people have a right to be in a family. They’re children of God and have a right to a family. Nobody should be thrown out or be made miserable over it,” the Pope said in the film, the Catholic News Agency reported.”

“What we have to create is a civil union law. That way they are legally covered,” the Pope said.

Francis has suggested in past interviews that he is not against civil unions, but this is the first time as Pope that he has directly come out in favor of them.

As Archbishop of Buenos Aires, Francis advocated for same-sex civil unions as an alternative when Argentina was discussing whether to legalize same-sex marriage.

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Person Who Flown With Biden In Recent Days Tests Positive For COVID-19

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(ABC News) — The Biden campaign has announced that someone who flew with former Vice President Joe Biden to Ohio on Monday and Florida on Tuesday has tested positive for COVID-19. The positive result was discovered through the contact tracing that the campaign undertook following the positive diagnosis of Sen. Kamala Harris’ communications director and a non-staff flight crew member.

“Around noon on Thursday, October 15th, we learned – as part of our contact tracing of the crew member on Senator Harris’ plane that tested positive for COVID last night – that an administrative member of the Aviation company that charters Vice President Biden’s aircraft tested positive for COVID-19,” Campaign manager Jen O’Malley Dillon wrote in a statement.

However, the campaign says that Biden and the member who tested positive did not have any passing or close contact during the flight and he is not required to isolate.

“Vice President Biden was not in close contact, as defined by the CDC, with this individual at any time. In fact, the Vice President did not even have passing contact: this individual was over 50 feet from VP Biden at all times, entered and exited the aircraft from a rear entrance, and both the individual and the Vice President wore masks for the entire flight. Given these facts, we have been advised by the Vice President’s doctor and the campaign’s medical advisors that there is no need for the Vice President to quarantine,” she added.

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