Saying Trump “May Not Rewrite the Immigration Laws” by Decree, Judge Orders Administration to Stop Ban on Asylum Seekers

Posted by on November 20, 2018 in Agencies & Systems, Government, Policies, Politics with 1 Comment

 

By Jon Queally | Common Dreams

Saying the President Donald Trump had exceeded his presidential authority, a federal judge later Monday ruled against the president’s attempt to restrict the abilities of refugees seeking asylum at the U.S. border and imposed a restraining order that directs the administration to resume accepting asylum claims from people regardless of where or how they enter country.


From CNN:

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 legal check point ‘”irreconcilably conflicts” with immigration law and the “expressed intent of Congress.”

“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, 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, or further order of the court.

The challenge against Trump’s move to bar people from claiming asylum outside of designated points of entry, like border checkpoints, said the administration was violating both the Immigration and Nationality Act as well as the Administrative Procedure Act by doing so.

Immigrant rights groups praised the ruling.

“This ban is illegal, will put people’s lives in danger and raises the alarm about President Trump’s disregard for separation of powers,” said Lee Gelernt of the ACLU, which along with the Southern Poverty Law Center, and the Center for Constitutional Rights had challenged the president. “There is no justifiable reason to flatly deny people the right to apply for asylum, and we cannot send them back to danger based on the manner of their entry.”

“This is a critical step in fighting back against President Trump’s war on asylum seekers,” Melissa Crow, senior supervising attorney for the Southern Poverty Law Center, said in a statement. “While the new rule purports to facilitate orderly processing of asylum seekers at ports of entry, Customs and Border Protection has a longstanding policy and practice of turning back individuals who do exactly what the rule prescribes. These practices are clearly unlawful and cannot stand.”


This work is licensed under a Creative Commons Attribution-Share Alike 3.0 License

Tags: , , ,

Subscribe

If you enjoyed this article, subscribe now to receive more just like it.

Subscribe via RSS Feed Connect on YouTube

1 Reader Comment

Trackback URL Comments RSS Feed

  1. Anonymous says:

    Okay then. Lets just open the boarder and let everyone in who wants to come in – for whatever reason.
    A country without boarders is not a country.

New Title

NOTE: Email is optional. Do NOT enter it if you do NOT want it displayed.

This site uses Akismet to reduce spam. Learn how your comment data is processed.

FAIR USE NOTICE. Many of the articles on this site contain copyrighted material whose use has not been specifically authorized by the copyright owner. We are making this material available in an effort to advance the understanding of environmental issues, human rights, economic and political democracy, and issues of social justice. We believe this constitutes a 'fair use' of the copyrighted material as provided for in Section 107 of the US Copyright Law which contains a list of the various purposes for which the reproduction of a particular work may be considered fair, such as criticism, comment, news reporting, teaching, scholarship, and research. If you wish to use such copyrighted material for purposes of your own that go beyond 'fair use'...you must obtain permission from the copyright owner. And, if you are a copyright owner who wishes to have your content removed, let us know via the "Contact Us" link at the top of the site, and we will promptly remove it.

The information on this site is provided for educational and entertainment purposes only. It is not intended as a substitute for professional advice of any kind. Conscious Life News assumes no responsibility for the use or misuse of this material. Your use of this website indicates your agreement to these terms.

Paid advertising on Conscious Life News may not represent the views and opinions of this website and its contributors. No endorsement of products and services advertised is either expressed or implied.
Top

Send this to a friend