Wednesday, September 11, 2019

Solicitor General Adds Latest Asylum Injunction to Supreme Court Stay Request


Chris Mills Rodrigo for the Hill reports that the Trump administration asked the Supreme Court late yesterday to stay an injunction preventing it from enforcing a rule that would limit migrants’ ability to apply for asylum after District Court Judge Jon Tigar reimposed a nationwide ban on the rule.  (I predicted it as quoted in this Law360 article (registration required).  Judge Tigar had issued a similar injunction in June, soon after the rule was announced,  The U.S. Circuit Court of Appeals for the Ninth Circuit narrowed the injunction to cover only the geographic jurisdiction covered by the Ninth Circuit and remanded the case to Judge Tigar. U.S. District Judge Jon Tigar on Monday reinstated a nationwide ban on the asylum rule, which would make most asylum-seekers who pass through another country before reaching the U.S. ineligible for asylum.

The Trump administration had previously asked the Supreme Court to stay the injunction.  In the latest stay request, solicitor general Noel Francisco said that the new nationwide order "underscores the need for this Court to grant the government’s pending application for a stay of that injunction, which remains ripe for resolution."  "The district court’s injunction greatly impairs the government’s and the public’s interest in maintaining the integrity of the border, in preserving a well-functioning asylum system, and in conducting sensitive diplomatic negotiations," he said.


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