Judge deals setback to key Trump policy limiting asylum

SAN DIEGO (AP) — A federal judge has knocked down a cornerstone border policy of the Trump administration that denies asylum to people who travel through other countries to reach the U.S.-Mexico border without first seeking protection in those countries.

U.S. District Judge Timothy Kelly ruled that authorities violated federal rule-making procedures by not seeking public feedback before putting the policy into effect in July 2019.

The impact of Kelly's ruling is diminished by a coronavirus pandemic-related measure that was imposed in March to quickly expel people who cross the border illegally and block asylum-seekers at official crossings. In May, the administration extended the measure indefinitely, relying on a little-known public health law to prevent the spread of the disease.

The administration could appeal. Asked to comment Wednesday, the Justice Department said in a statement that the court’s ruling was based on procedural claims and not about the policy's substance. The Homeland Security Department said it strongly disagreed with the decision and was considering options.

Kelly, who was appointed by President Donald Trump, ruled Tuesday in Washington that Homeland Security officials failed to justify why they avoided seeking and responding to public comments as required under rule-making.

In a similar vein last month, the Supreme Court refused to let the administration end the Deferred Action for Childhood Arrivals program to shield 650,000 young people from deportation, deciding the case on procedural steps.

In his 52-page ruling, Kelly dismissed arguments that quick action was needed to avoid a dramatic surge of asylum-seekers at the border, saying evidence was lacking. He also disagreed that the administration was justified under its authority to set...