US to appeal judge’s order barring asylum restrictions to the 9th Circuit Court

9th Circuit Court of Appeals, San Francisco, California. (By CSNafzger/Shutterstock.com)

By NOMAAN MERCHANT,  Associated Press  HOUSTON (AP) 11/27 — President Donald Trump’s administration on Tuesday said it would appeal a judge’s order barring it from enforcing a ban on asylum for any immigrants who illegally cross the U.S.-Mexico border, after the president’s attack on the judge prompted an extraordinary rebuke from the nation’s chief justice.

The Justice Department filed a notice Tuesday saying it will appeal the order to the 9th U.S. Circuit Court of Appeals. It also asked the judge to stay his order pending the appeal.

Trump criticized the 9th Circuit last week as biased and dismissed the judge who ruled against him — an appointee of Trump’s predecessor — as an “Obama judge.”

Chief Justice John Roberts responded with a statement that the federal judiciary doesn’t have “Obama judges or Trump judges, Bush judges or Clinton judges.” It was the first time Roberts has hinted at any criticism of the president, as judges ordinarily avoid making any public statements on politics.

Roberts and the rest of the Supreme Court may end up deciding the asylum case. The 9th Circuit, seen as liberal leaning, has already ruled against Trump in several major immigration cases.

U.S. District Judge Jon S. Tigar in San Francisco issued a temporary restraining order Nov. 19 against Trump’s Nov. 9 proclamation that automatically barred anyone who crossed the U.S.-Mexico border between official ports of entry from seeking asylum .

Trump issued the proclamation in response to the caravans of migrants approaching the border that he’s claimed are a national security threat.

In this Wednesday, Nov. 21, 2018 file photo, United States Border Patrol agents stand by a vehicle near one of the border walls separating Tijuana, Mexico and San Diego, in San Diego. President Donald Trump’s administration on Tuesday, Nov. 27, 2018, said it would appeal a judge’s order barring it from enforcing a ban on asylum for any immigrants who illegally cross the U.S.-Mexico border, after the president’s attack on the judge prompted an extraordinary rebuke from the nation’s chief justice. (AP Photo/Gregory Bull, File)

 

But Tigar sided with legal groups who sued hours after the proclamation was issued. The groups argued that federal law unambiguously says immigrants in the United States can request asylum regardless of whether they entered the country lawfully.

“Whatever the scope of the President’s authority, he may not rewrite the immigration laws to impose a condition that Congress has expressly forbidden,” the judge said in his order.

In its request for a stay Tuesday, the Justice Department said Tigar’s order “immediately harms the government and jeopardizes important national interests.”

Lee Gelernt, a lawyer for the American Civil Liberties Union, said in a statement that the group would “vigorously oppose the stay request, so that people’s lives are not put in danger.”

In issuing the proclamation, Trump invoked the same national security powers that he used to impose a travel ban on citizens of countries with overwhelmingly Muslim populations.

The 9th Circuit ruled the administration couldn’t withhold money from so-called “sanctuary cities,” end the Deferred Action for Childhood Arrivals program for younger immigrants brought to the U.S. by their parents or impose the travel ban.

In the case of the travel ban, the Supreme Court ultimately reversed the 9th Circuit’s decision when it ruled that Trump had the authority to impose it.

Asylum is intended for people who have fled their countries of origin because they have suffered persecution or fear that they will be persecuted if they are forced to return.

Crossing the U.S.-Mexico border between ports of entry is a federal crime, but that does not typically preclude someone from requesting asylum. Tigar noted that federal law says someone may seek asylum if they have arrived in the United States, “whether or not at a designated port of arrival.”

By the estimates of the Department of Homeland Security, around 70,000 people a year claim asylum after crossing illegally. DHS alleges that many of those people make false claims and take advantage of loopholes in the system.

Meanwhile, at least 3,000 people have arrived in Tijuana, Mexico, across the border from San Diego, California, with hopes of requesting asylum at a port of entry there. DHS has said it’s prepared for as many as 10,000 or more people to arrive in various caravans.

U.S. agents on Sunday fired tear gas at hundreds of migrants after some of them tried to get through the fence separating the two countries.

https://www.apnews.com/79d32968e9a74db79ba417851d9478f5

Copyright 2018 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Posted in: Appeals, Border Control, Court Rulings, Courts & Trials, Dept. of Justice, Illegal Immigration, Immigration/Asylum, Judges, National Security, Politics, Public Safety, U.S. Government

Leave a Reply

Your email address will not be published. Required fields are marked *

16 − six =

Terms of Use for Posting Comments

Terms of Use

This site (the “Site”) is operated and maintained by Law Enforcement Education Foundation, Corporation (“Company”). Throughout the Site, the terms “we”, “us” and “our” refer to Company.  The words “user,” “you” and “your” as used herein refer to you.

Please read these terms and conditions of use (“Terms of Use”) carefully before contributing content. If you do not agree to these Terms of Use, please do not contribute content. Your use of the Site is subject to the Terms and Conditions found here .

By contributing content to the Site, you represent and warrant that you are at least eighteen (18) years old and that you have read and understand these Terms of Use and any amendments thereto and agree to be bound by them. If you are not at least eighteen (18) years old or you do not agree and accept these Terms of Use, you are prohibited from contributing content.

From time to time, we may permit users to submit content to the Site.  You hereby acknowledge and agree that by submitting remarks, comments, suggestions, ideas, graphics, feedback, edits, concepts, comments, photographs, illustrations and other materials (other than personal information and/or registration information) through the Site (individually and collectively, “Submissions”), you (i) grant us a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter created, without attribution to you; (ii) grant us the right to pursue at law any person or entity that violates your and/or our rights in your Submissions; and (iii) forever waive any and all of your rights, including but not limited to moral rights, if any, in and to your Submissions, including, without limitation, any all rights or requirements of attribution or identification of you as the author of the Submission or any derivative thereof.  We reserve the right to remove any of your Submissions from the Site, in whole or in part, without notice to you, for any reason or no reason.

Submissions are made voluntarily. Any submissions which include personally identifiable information are subject to our Privacy Policy found here .  You may not upload or otherwise publish content on the Site that (i) is confidential to you or any third party; (ii) is untrue, inaccurate, false or other than an original work of your authorship; (iii) that relates to or impersonates any other person; (iv) violates the copyright, trademark, patent or other intellectual property rights of any person or entity; (v) contains any content, personally identifiable information or other information, or materials of any kind that relate or refer to any other person or entity other than the provider of the products, goods or services to which the Submission relates; or (vi) violates any law, or in any manner infringes or interferes with the rights of others, including but not limited to the use of names, information, or materials that (A) libel, defame, or invade the privacy of any third party, (B) are obscene or pornographic, (C) are harmful, threatening, offensive, abusive, harassing, vulgar, false or inaccurate, racially, sexually, ethnically or are otherwise objectionable or otherwise contrary to the laws of any place where such Submissions may be accessed; (D) constitute personal attacks on other individuals; (E) promote criminal, immoral or illegal activity; (F) promote or advertise any person, product or service or solicit funds; or (G) are deemed confidential by any contract or policy.

You are solely responsible for any Submissions you make and their accuracy. We take no responsibility and assume no liability for any Submissions posted by you or any third party.

Unless approved by us in writing in advance, you agree not to: (i) provide or create a link to the Site; or (ii) create any frames at any other sites pertaining to any of the content located on the Site.

We reserve the right, in our discretion, to update, change or replace any part of these Terms of Use for Posting Comments by posting updates and/or changes to our Site.  It is your responsibility to check this page periodically for changes.  Your continued use of, and/or access to the Site, following the posting of any changes to these Terms of Use for Posting Comments, constitutes your acceptance of those changes.