US judge stalls enforcement of Trump asylum restrictions

US judge stalls enforcement of Trump asylum restrictions

Trump was asked Tuesday about a judge's ruling from San Francisco that temporarily blocked his administration's effort to deny asylum to migrants who enter the us illegally.

"As documented in our case Al Otro Lado v. Nielsen, the Department of Homeland Security has a documented pattern, practice, and policy of turning asylum-seekers away from official ports of entry at the USA border with Mexico, thus pushing many asylum-seekers to cross the border without authorization in order to reach relative safety".

U.S. District Judge Jon S. Tigar issued a temporary restraining order Monday after hearing arguments in San Francisco.

The Immigration and Naturalization Act passed by Congress says any immigrant who has arrived in the USA may apply for asylum "whether or not at a designated port of arrival".

Tigar ruled that the President could not rewrite "the immigration laws, to impose conditions on the banned Congress expressly". Tigar's order takes effect immediately, applies nationwide, and lasts until at least December 19 when the judge scheduled a hearing to consider a more long-lasting injunction.

As of Monday, 107 people detained at official border crossings have sought asylum since Trump proclamation came into effect, according to the Department of Homeland Security.

Tigar wanted to know how many migrants would have been "granted asylum under existing law but who would have been denied asylum under the new rule", and whether there is a correlation between weak asylum cases and non-port of entry crossings that justifies the new rule.

They are representing, along with some other civil rights groups, organizations that provide services to asylum-seekers.

There are also questions about whether the administration violated the Administrative Procedure Act, which governs how regulations are supposed to be developed, by skipping the usual steps of public notification and comment before putting the regulation that governs the asylum ban into effect.

The final version of the order was upheld by the US Supreme Court on June 26 after a protracted legal battle. It attempts to block anyone who didn't enter through a legal port of entry from making an asylum claim.

While Trump was not specific, the generally liberal-leaning 9th Circuit faces frequent criticism from conservatives, and that is one area where the president shares common ground with none other than Sen.

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Judge bars Trump from denying asylum to people entering US illegally

At the same time, officials are also limiting the number of migrants who can apply for asylum each day at the official ports of entry.

U.S. District Judge Mark A. Goldsmith said since there's little chance they can be deported, the government must release them.

Meanwhile, huge metal or concrete barricades and walls of concertina wire went up Monday on both sides of the US-Mexico border as the caravan poured into Tijuana, the last stop before California.

"It's a disgrace", he said of Judge Jon S. Tigar's asylum decision.

"But aliens who enter the United States unlawfully through the southern border in contravention of this proclamation will be ineligible to be granted asylum", the President wrote.

"That's not law, that's not what this country stands for", Trump said, reacting to the ruling.

"This ban is illegal, will put people's lives in danger and raises the alarm about President Trump's disregard for separation of powers", said Lee Gelernt, deputy director of the ACLU's Immigrant Rights Project and the lead attorney in the case.

Caravan participants began to arrive last week in Tijuana on the Mexican side of the USA border, which has put a strain on shelters where many will wait to seek asylum.

Less than 10% of cases result in an asylum being granted, the government says.

"If the rule is valid, what's left of that Congressional intent?"

"There is no justifiable reason to flatly deny people the right to apply for asylum, and we can not send them back to danger based on the manner of their entry", Gelernt said. "Congress has been clear on this point for decades", his statement continued.

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