Judge blocks Trump order denying asylum to immigrants entering U.S. illegally

A federal judge temporarily blocked an order by President Donald Trump that banned asylum for immigrants entering illegally from Mexico.

Jon Tigar, U.S. District Judge in San Franciscoissued the temporary restraining order on Monday, November 19.

The injunction is effective immediately nationwide and lasts until December 19, 2018. The judge scheduled a hearing on that date to consider a longer injunction.

Judge Tigar issued the ruling after hearing arguments by civil rights groups that filed a lawsuit after President Trump signed a proclamation in early November in response to the caravans of migrants who were trekking toward the United States with the intention of entering the country.

In his presidential proclamation, Trump stated that "the continued mass migration of aliens with no basis to enter the United States...has precipitated a crisis that undermines the integrity of our borders" and because of that, he took "immediate action to protect the national interest and maintain the effectiveness of the asylum system."

At In a 37-page document, Judge Tigar stated that laws passed by Congress establish that immigrants may apply for asylum regardless of how they entered the country.

 

Judge Tigar's order
Part of Judge Tigar's brief where he explains his reasoning for issuing the blocking order.

 

"The rule prohibiting asylum for immigrants who enter the country outside a port of entry irreconcilably conflicts with the INA [Immigration and Nationality Act] and the expressed intent of Congress. Whatever the scope of the president's authority, he cannot rewrite the immigration laws to impose a condition that Congress has expressly prohibited," Tigar wrote.

The judge also found that "plaintiffs and the immigrants they represent will suffer irreparable injury if the rule goes into effect pending resolution of this case. Asylum seekers will be at increased risk of violence and other harm at the border, and many will be deprived of meritorious asylum claims. The government offers nothing in support of the new rule that outweighs the need to avoid these harms."

In response to the judge's decision, the U.S. Department of Homeland Security and Department of Justice assured that they will continue to defend the President's authority to address the crisis at the southern border.

en_USEnglish