Courts continue to block Trump on immigration


The federal judge's order on Monday blocking the US government from enforcing a ban on asylum seekers at the USA border came after Trump's proclamation earlier this month that sought to bar asylum for immigrants who did not enter at designated ports of entry.

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

As part of the Immigration and Naturalization Act, Congress "clearly commanded. that any alien who arrives in the United States, irrespective of that alien's status, may apply for asylum - 'whether or not at a designated port of arrival, '" Tigar wrote, citing the law.

But on Monday, the judge in the case said that the president is not permitted to "rewrite the immigration laws to impose a condition that Congress has expressly forbidden". His order will remain in effect until December 19, at which point the court will consider arguments for a permanent order.

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

Human rights campaigners and other critics of the Trump crackdown say that by restricting asylum seekers to border crossing points - which are already under enormous pressure - the government is effectively shutting the door on people who may truly be fleeing for their lives.

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Sanders added: 'This temporary injunction is yet another example of activist judges imposing their open borders policy preferences, which are rejected by the overwhelming majority of the American people, and interfering with the executive branch's authority to administer the immigration system in a manner that ensures the Nation's safety, security, and the rule of law.

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.

Trump issued the proclamation in response to the caravans of migrants that have started to arrive at the U.S. -Mexico border. DHS estimates around 70,000 people a year claim asylum after crossing illegally.

Federal courts are proving to be an increasingly formidable obstacle to President Trump implementing the hardline anti-immigration polices he touted in the lead-up to the midterm elections. Gelernt said he believes they also have third party standing for children being denied applications for entry at ports of entry in Mexico unless they have a guardian.

The government has not said whether it would appeal, but if it did, the appeal would be filed with the U.S. Court of Appeals for the 9th Circuit.

Pedestrians pass barbed wire at a legal Mexico-U.S. border crossing where U.S. officials check the identifications of people entering the U.S. from Tijuana, Mexico, Monday, Nov. 19, 2018. Under current federal law, migrants may apply for asylum inside the US even if they entered the country illegally.

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

US President Donald Trump does not want to accept the dispute for stricter asylum a legal defeat rules.

In other words, a subversive group whose mission is undermining America sovereignty is injured if the president blocks the entry of illegal aliens the group uses to undermine American sovereignty. People are often forced to wait in shelters or outdoor camps on the Mexican side, sometimes for weeks, AP reports.

In a court filing late last week, lawyers for the Justice Department argued that the president has "broad discretion to suspend the entry of aliens into the United States". The intent of Congress, Tigar wrote, was "unambiguous".

"Individuals are entitled to asylum if they cross between ports of entry", said Baher Azmy, a lawyer for the Center for Constitutional Rights, which sued the government alongside the American Civil Liberties Union.

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