SAN FRANCISCO – A U.S. judge on Monday briefly blocked an order by President Donald Trump that barred asylum for immigrants who enter the nation illegally from Mexico, the most recent courtroom defeat for Trump on immigration coverage.
U.S. District Judge Jon Tigar in San Francisco issued a brief restraining order in opposition to the asylum guidelines. Tigar’s order takes impact instantly, applies nationwide, and lasts till not less than Dec. 19 when the judge scheduled a listening to to think about a extra long-lasting injunction.
Representatives for the U.S. Department of Justice couldn’t instantly be reached for remark.
Trump cited an overwhelmed immigration system for his latest proclamation that officers will solely course of asylum claims for migrants who current themselves at an official entry level. Civil rights teams sued, arguing that Trump’s Nov. 9 order violated administrative and immigration legislation.
In his ruling, Tigar stated Congress clearly mandated that immigrants can apply for asylum no matter how they entered the nation. The judge referred to as the most recent guidelines an “extreme departure” from prior observe.
“Whatever the scope of the President’s authority, he may not rewrite the immigration laws to impose a condition that Congress has expressly forbidden,” Tigar wrote.
Tigar was nominated to the court docket by President Barack Obama.
Previous Trump immigration insurance policies, together with measures concentrating on sanctuary cities, have additionally been blocked by the courts.
The asylum ruling got here as hundreds of Central Americans, together with numerous youngsters, are touring in caravans towards the U.S. border to flee violence and poverty at dwelling. Some have already arrived at Tijuana, a Mexican metropolis on the border with California.
“IT IS TOO MUCH”
Rights teams have stated immigrants are being compelled to attend days or even weeks on the border earlier than they will current themselves for asylum, and the administration has been sued for intentionally slowing processing instances at official ports.
At a listening to earlier on Monday, American Civil Liberties Union lawyer Lee Gelernt stated the order clearly conflicted with the Immigration and Nationality Act, which permits any individual current within the United States to hunt asylum, no matter how they entered the nation.
Gelernt stated the ACLU had just lately realized Mexican authorities have begun barring unaccompanied minors from making use of at U.S. ports of entry.
Mexico’s migration institute stated in a press release to Reuters that there was “no basis” for the ACLU’s claims, noting that there had been no such stories from the United Nations or human rights teams which can be monitoring the state of affairs on the border.
Uriel Gonzalez, the pinnacle of a YMCA shelter for younger migrants in Tijuana, stated he had not heard of any new measures directed at unaccompanied minors. He famous there have been already lengthy strains to get a flip with U.S. authorities.
“This can take a while because the number of migrants has overwhelmed capacity. It is too much,” he stated.
The judge on Monday wrote that Trump’s refugee rule would power individuals with authentic asylum claims “to choose between violence at the border, violence at home, or giving up a pathway to refugee status.”
Caravan members started to reach final week in Tijuana on the Mexican facet of the U.S. border, which has put a pressure on shelters the place many will wait to hunt asylum. Their presence has additionally strained Tijuana’s status as a welcoming metropolis, with some residents screaming on the migrants, “Get out!”
Trump despatched greater than 5,000 troopers to the two,000-mile (three,100 km) frontier with Mexico to harden the border, though critics dismissed the transfer as a political stunt forward of congressional elections on Nov. 6.
Reporting by Dan Levine in San Francisco; Additional reporting by Tom Hals in Wilmington, Delaware and Lizbeth Diaz in Tijuana; Editing by Leslie Adler, Tom Brown and Andrew Heavens
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