The U.S. Supreme Court granted a request by President Donald Trump’s administration to fully enforce a new rule that would curtail asylum applications by immigrants at the U.S.-Mexico border, a key element of his hardline immigration policies.
The court said the rule, which requires most immigrants who want asylum to first seek safe haven in a third country through which they had traveled on their way to the United States, could go into effect as litigation challenging its legality continues.
Liberal Justices Sonia Sotomayor and Ruth Bader Ginsburg dissented.
The rule, unveiled on July 15, requires most immigrants who want U.S. asylum to first seek asylum in a third country they had traveled through on their way to the United States.
The San Francisco-based 9th U.S. Circuit Court of Appeals on Aug. 16 limited a federal judge’s injunction blocking the rule to the nine Western states over which it has jurisdiction including the border states of California and Arizona. That had left open the possibility that the rule could be applied in the two other border states, Texas and New Mexico.
The American Civil Liberties Union and others who challenged the administration’s policy in federal court said it violates U.S. immigration law and accused the administration of failing to follow the correct legal process in issuing the rule.
The Ninth Circuit Court of Appeals, a traditional liberal circuit, sided with the president and lifted a nationwide injunction on his crackdown on asylum, The San Francisco Chronicle reported.
A federal appeals court is allowing the Trump administration, at least for now, to resume denying asylum to virtually all Central Americans who try to enter the United States at the Mexican border, anywhere except California or Arizona.The Ninth U.S. Circuit Court of Appeals in San Francisco issued an “administrative stay” Tuesday night of a federal judge’s day-old ruling that had reinstated a nationwide injunction against the Trump administration policy. The court did not explain its decision or identify the judges who signed it. The court scheduled written arguments to be due Sept. 19 on the administration’s request for a longer suspension of the judge’s order.The administration’s policy, first enforced on July 16, denied asylum eligibility to anyone who had passed through another country before trying to cross the Mexican border, exempting only victims of human trafficking. The new rules, if upheld, would exclude thousands of migrants from Honduras, El Salvador and Guatemala.U.S. District Judge Jon Tigar of Oakland issued an injunction against the new restrictions on July 24, saying U.S. immigration law allows migrants fleeing persecution in their homeland to apply for asylum regardless of the route they traveled. The appeals court, in an Aug. 16 ruling, refused to lift his injunction but narrowed it to the boundaries of the Ninth Circuit, which include the border states of California and Arizona but not Texas and New Mexico.Original story.President Trump’s administration asked the Supreme Court on Monday to lift a court order which prevents the federal government from fully enforcing a new rule that would sharply reduce asylum applications by immigrants at the U.S.-Mexico Border, Reuters reports:
“California-based U.S. District Judge Jon Tigar last month issued a nationwide injunction blocking the rule, which requires most immigrants who want asylum to first seek safe haven in a third country they had traveled through on their way to the United States.
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The San Francisco-based 9th U.S. Circuit Court of Appeals on Aug. 16 upheld Tigar’s injunction but limited it to the nine Western states over which it is has jurisdiction. Only two of those nine, California and Arizona, are on the border with Mexico. That left open the possibility that the rule could be applied in the two other border states, Texas and New Mexico.
A federal appeals court suspended the nationwide effect of an order blocking a Trump administration rule that would bar asylum for most immigrants at the southern border. This is a partial victory for the president https://t.co/FXo6BYPfEDLoading...
— Los Angeles Times (@latimes) August 16, 2019
The rule, unveiled on July 15, would bar almost all immigrants from applying for asylum at the southern border. It represents the latest effort by Trump’s administration to crack down on immigration, a signature issue during his presidency and his 2020 re-election bid.
One of the Republican president’s main objectives has been to reduce the number of asylum claims primarily by Central American migrants who have crossed the U.S.-Mexico border in large numbers during his presidency.
The rule drew legal challenges including from a coalition of groups represented by the American Civil Liberties Union.
In the administration’s request to fully enforce the rule, U.S. Solicitor General Noel Francisco asked the Supreme Court to issue a stay blocking the injunction while litigation over the issue proceeds because the judge’s order interferes with the government’s authority to establish immigration policy.
NEW: Justice Department seeks stay in litigation over administration rules limiting asylum eligibility to only those who cross at an official entry point. Lower ct invalidated rules, saying they likely violate Administrative Procedure Act. (19A230) https://t.co/8BrPn95ZND
— Kimberly Robinson (@KimberlyRobinsn) August 26, 2019
The administration said the rule screens out asylum claims that are unlikely to succeed and “deters aliens without a genuine need for asylum from making the arduous and potentially dangerous journey from Central America to the United States.”
The Supreme Court last December rebuffed a bid by the administration to implement a separate policy prohibiting asylum for people crossing the U.S.-Mexican border outside of an official port of entry, with conservative Chief Justice John Roberts joining the four liberal justices in denying the request.”
Lets hope the Supreme Court grants President Trump his request to lift the court order blocking full enforcement of the administration’s new asylum rule.
The President has broad authority to regulate immigration into this country and the lower courts need to stop playing politics and respect the rule of law.
Reuters contributed to this report.
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