Thursday, December 20, 2018

Court Enjoins Trump Asylum Rule

Judge Jon S. Tigar of the U.S. Northern District of California yesterday issued extended a temporary restraining order into a preliminary injunction that bars the Trump administration's asylum rule barring applications for all but noncitizens who apply at ports of entry.  Judge Tigar had entered the TRO in NovemberThis Courthouse News Service article reports on the argument and latest ruling.  Peter Margulies ' commentary on the ruling is here.

The court began the ruling as follows:

"Once again, the parties are before the Court regarding a rule issued recently by the Attorney General and the Department of Homeland Security. The rule, in combination with a Presidential proclamation, makes anyone who crosses the southern border of the United States somewhere other than a designated port of entry ineligible for asylum." 

Judge Tigar summarized the ruling:

"The Plaintiffs now seek a preliminary injunction that would keep the new rule from going into effect for an extended period of time. As set forth below, the arguments on both sides are nearly identical to those made earlier to this Court and to the Ninth Circuit. Moreover, what new evidence and argument there is largely supports Plaintiffs’ position. If anything, the inconsistency between the new regulation and the immigration laws has been stated more clearly. The harms to those seeking asylum are also even clearer, and correspondingly the public interest more plainly supports injunctive relief. Not surprisingly then, the result of the present motion is the same: the Court again concludes that Plaintiffs have established an overwhelming likelihood that the new rule barring asylum is invalid. Accordingly, the Court will grant Plaintiffs’ request for a preliminary injunction." (emphasis added).


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