A federal judge criticized the Department of Homeland Security for publicizing an asylum seeker’s claim on social media, but denied his request for emergency relief.
In an opinion filed Wednesday, U.S. District Judge Jia Cobb wrote that Moussa Diawara is in danger, partly because DHS, its general counsel, and Immigration and Customs Enforcement told millions of people online that he falsely claimed to fear persecution over his sexual orientation.
ICE wrote “Fake & Gay!” as it reposted what purported to be copies of his asylum application, the judge said, adding that the agency seemed to delight in mocking him.
The court said that conduct is difficult to reconcile with DHS’s long-standing commitment to keeping asylum information confidential, a protection meant to prevent new risks of retaliation and persecution.
Diawara sought a temporary restraining order under a federal regulation that shields asylum-related information. The dispute turned on an exception allowing confidentiality to be waived.
The judge concluded that the authority to waive it belongs to the Homeland Security secretary, and that on the limited record so far, Diawara hadn’t shown the disclosures were likely made without authorization.
The court also said it couldn’t decide whether the disclosures were arbitrary and capricious without the administrative record. It denied the motion while saying it was “deeply troubled” by Diawara’s allegations.
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