Judge issues temporary restraining order on Trump asylum policy

Trump fires back at federal judge’s ruling on immigration in scathing statement

Trump fires back at federal judge’s ruling on immigration in scathing statement

President Trump lost two big immigration court rulings Tuesday, after a federal judge in California shot down his attempt to limit asylum claims and another judge in MI ordered the administration to release almost 100 Iraqi immigrants living in the USA illegally who had been detained as part of a travel ban-related deal.

A judge has ordered the USA government not to enforce a ban on asylum for people who cross the southern border illegally, another court setback for the Trump administration's efforts to impose new immigration restrictions without congressional approval.

Judge Jon S. Tigar of the US District Court for the Northern District of California said that a policy announced November 9 barring asylum for immigrants who enter outside a legal check point '"irreconcilably conflicts" with immigration law and the "expressed intent of Congress".

Tigar ruled that the President could not rewrite "the immigration laws, to impose conditions on the banned Congress expressly".

In response to the restraining order, the Department of Homeland Security and the Department of Justice signaled they intend to defend the policy in further court proceedings on December 19.

The Justice Department and Department of Homeland Security had earlier published a joint rule prohibiting certain people caught crossing the USA southern border from Mexico between ports of entry from claiming asylum.

The judge sided with civil liberties groups who argued it was against immigration law to deny asylum even if a migrant crossed the border illegally.

Gelernt also argued that the new rules violate the Immigration and Nationality Act and the Administrative Procedure Act set by Congress, which state that asylum seekers can enter the country outside of ports of entry.

Google Camera gets Night Sight update on all Pixel devices
Even without Night Sight, the Pixel family of phones-like the Nexus 5X and 6P before them-already excel in low-light photography. In the meantime, check out some Night Sight photos below and share your thoughts in the comments section.

The asylum ruling came as thousands of Central Americans, including a large number of children, are traveling in caravans toward the US border to escape violence and poverty at home.

Around 70,000 people a year claim asylum between official ports of entry, according to the DHS. A judge ruled Tuesday morning the new policies, issued by President Trump two weeks ago, can not be enforced. Many haven't heard of asylum and most don't know about ports of entry.

"That decision will work its way up to the ninth circuit, and then ultimately to the Supreme Court", he said.

Speaking at the border in Imperial Beach, California, Homeland Security chief Kirstjen Nielsen doubled down, threatening to arrest or deport all caravan migrants who dare to cross into the United States.

"It's a disgrace", he said of Judge Jon S. Tigar's asylum decision. People are often forced to wait in shelters or outdoor camps on the Mexican side, sometimes for weeks.

ICE officials admitted there is no written agreement, and instead they must seek permission for every deportee - permission that Iraq usually denies, unless the deportee has said he or she wants to be sent back. The order reflects the judge's view that the plaintiffs are likely to succeed on the merits, and would suffer irreparable injury from the executive action.

The American Civil Liberties Union says U.S. law stipulates that the right to request asylum must be granted to anyone entering the country, regardless of whether they do so at an official port of entry or come in illegally. The administration's rule, he observed, would force individuals "to choose between violence at the border, violence at home, or giving up a pathway to refugee status".

Lawyers from the Justice Department argued that the president has "broad discretion to suspend the entry of aliens into the United States", saying in a court filing it is within the Trump administration's power to require asylum-seekers to present themselves at ports of entry. The funding of these groups is "directly tied to their ability to pursue affirmative asylum claims on a per-case basis". "Congress has been clear on this point for decades", his statement continued.

Recommended News

We are pleased to provide this opportunity to share information, experiences and observations about what's in the news.
Some of the comments may be reprinted elsewhere in the site or in the newspaper.
Thank you for taking the time to offer your thoughts.