Judge bars USA from enforcing Trump asylum ban

Judge bars USA from enforcing Trump asylum ban

A federal judge has ruled the Trump administration must allow people who cross into the United States without papers between official ports of entry (committing the misdemeanor of illegal entry) to seek asylum, putting a temporary hold on President Donald Trump's November 9 asylum ban.

President Donald Trump had issued the proclamation earlier this month as a matter of "national security", as a US-bound caravan of Central American migrants made its way through Mexico toward the U.S. border.

A federal judge has temporarily barred the Trump administration from refusing asylum to immigrants who cross the southern United States border illegally.

FILE- Immigrants seeking asylum in the United States wait on the the International Bridge in Reynosa, Mexico, Nov. 3, 2018.

Tigar issued a temporary restraining order to remain in effect until December 19, when the administration and the challengers must return to court.

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JAMALI: Exactly. The Department of Homeland Security hasn't commented on this judge's ruling.

Tigar, a 56-year-old England native, was nominated to the Northern California bench by Barack Obama in 2012.

"We look forward to continuing to defend the executive branch's legitimate and well-reasoned exercise of its authority to address the crisis at our southern border", "Asylum is a discretionary benefit given by the executive branch only when legal conditions are met and a favorable exercise of discretion is warranted". Many haven't heard of asylum and most don't know about ports of entry.

Meanwhile, Kirstjen Nielsen, the Homeland Security secretary, announced that officials barred some lanes in the San Ysidro border gate to prevent a rush of the caravan migrants from getting through the border gate.

Trump tweeted Sunday that the United States is "ill-prepared for this invasion and will not stand for it". Further, the ruling stated that in accordance with US law, anyone seeking asylum can do so along any portion of the USA border. Before, even immigrants caught entering the country illegally could ask for asylum.

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Tigar, whose court resides within the 9th US Circuit Court of Appeals, said the policy '"irreconcilably conflicts" with immigration law and the "expressed intent of Congress".

Legal groups sued hours after the proclamation was issued, arguing USA law clearly allows someone to seek asylum regardless of how they enter the country. The regulations, which will remain in place for three months absent a court order, could potentially make it harder for thousands of people who enter the U.S.to avoid deportation.

Tigar also noted the immigrants the plaintiffs represent will suffer "irreparable injury" if the proclamation is put into full effect - asylum seekers would face increased risks of violence and other harms at the border, he wrote. Some have already arrived at Tijuana, a Mexican city on the border with California.

Tigar wrote that the Immigration and Nationality Act of 1965 states that any foreigner who arrives in the U.S., "whether or not at a designated port of arrival", may apply for asylum.

It "raises the alarm about President Trump's disregard for separation of powers", said Lee Gelernt, an attorney for the ACLU, one of several groups that brought the suit. Gelernt said his ultimate goal is a permanent injunction against the Trump administration's asylum rule. Advocacy groups, including the Southern Poverty Law Center and the American Civil Liberties Union, swiftly sued the administration for effectively introducing what they deemed an asylum ban.

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