San Francisco District Judge Jon Tigar temporarily blocked President Trump’s new rule which prevents illegal border crossers from requesting asylum. The judge ruled that federal law allows any foreign national who reaches U.S. soil to request asylum.
The decision blocked a November 9 DHS rule limiting asylum requests to foreign nationals who present themselves at ports of entry. The judge said the rule was inconsistent with the Immigration and Nationality Act, which gives even illegal aliens a chance to request asylum. “Whatever the scope of the president’s authority, he may not rewrite the immigration laws to impose a condition that Congress has expressly forbidden,” Judge Tigar ruled.
The ruling is a setback for the Administration’s attempt to cope with the Central American caravan now arriving at the southwest border. A Justice Department spokesperson said the judge was wrong to give the American Civil Liberties Union and other plaintiffs standing in the case since they were not personally harmed by the rule. The official also noted the broad powers Congress granted the president to control who enters the U.S. “It is lawful and appropriate that this discretionary benefit not be given to those who violate a lawful and tailored presidential proclamation aimed at controlling immigration in the national interest,” the spokesperson said.
Tigar’s ruling blocks the DHS rule for one month and orders the Administration and plaintiffs to prepare for a discussion on the merits of the case.
Read more in The Washington Times.
Updated: Tue, Dec 4th 2018 @ 11:45am EST