Tuesday, November 20, 2018

Judge Blocks President Trump's Latest Asylum Plan

CNN reports that "[i]In an order laced with language accusing President Donald Trump of attempting to rewrite immigration laws, a federal judge based in San Francisco temporarily blocked the government late Monday night from denying asylum to those crossing over the southern border between ports of entry."  Here is the order.  See  Download Order

Judge Jon S. Tigar of the U.S. District Court for the Northern District of California said that a policy announced November 9 barring asylum for immigrants who enter outside a port of entry '"irreconcilably conflicts" with the immigration statute. "Whatever the scope of the President's authority, he may not rewrite the immigration laws to impose a condition that Congress has expressly forbidden," Judge Tigar wrote, adding that asylum seekers would be put at "increased risk of violence and other harms at the border" if the administration's rule is allowed to go into effect.

The temporary restraining order is effective nationwide and will remain in effect until December 19, when the judge has scheduled another hearing.

The order is the latest setback for the administration that has sought to crack down on what it says are flaws in the immigration system, and it is a victory for the American Civil Liberties Union, the Southern Poverty Law Center and other groups who argued it is illegal to block someone based on how they entered the country.

KJ

https://lawprofessors.typepad.com/immigration/2018/11/judge-blocks-president-trumps-latest-asylum-plan.html

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