ACLU, others, to challenge Trump policies on asylum seekers

ACLU, others, to challenge Trump policies on asylum seekers

ACLU, others, to challenge Trump policies on asylum seekers

A U.S. federal judge temporarily blocked Donald Trump's administration from denying asylum to people who enter the country illegally, prompting the president to allege Tuesday that the court was biased against him.

In the latest blow to President Donald Trump's attempted immigration crackdown, a federal judge has temporarily banned the White House from enforcing its block on asylum claims at the southern border of the United States.

U.S. District Judge Jon S. Tigar agreed with the complaint in his ruling, issuing a temporary restraining order on the proclamation.

The Immigration and Naturalization Act passed by Congress says any immigrant who has arrived in the USA may apply for asylum "whether or not at a designated port of arrival".

The judge's restraining order remains in effect until the court decides on the case.

Trump administration officials had argued that the order is meant to force asylum seekers to go through official border crossings.

Human rights campaigners say that by restricting asylum seekers to border crossing points - which are already under pressure - the government is effectively shutting the door on people who may truly be fleeing for their lives.

The asylum case was brought by the American Civil Liberties Union and other advocacy groups on behalf of East Bay Sanctuary Covenant.

Trump's order is unlawful, the judge wrote, because illegal aliens, although technically "inadmissible", have the right to apply for asylum: "Congress has clearly commanded that immigrants be eligible for asylum regardless of where they enter".


Hoffman said 80 percent of the refugees served by the covenant group crossed the southern US border illegally and would have been barred from applying for asylum by the ban announced by Trump on Friday.

The Michigan judge, also an Obama appointee, was even more harsh, accusing Department of Homeland Security officials of misleading the court to keep Iraqi migrants locked in detention, even though the government knew there was little chance of majority being deported.

Trump sent more than 5,000 soldiers to the 2,000-mile (3,100 km) frontier with Mexico to harden the border, although critics dismissed the move as a political stunt ahead of congressional elections on November 6. Gelernt said he believes they also have third party standing for children being denied applications for entry at ports of entry in Mexico unless they have a guardian. In fact, the left-wing extremists on the 9th circuit have had their ruling overturned by the Supreme Court more times than any other appeals court in the nation.

The statement cited a provision of the Immigration and Nationality Act, which says the president may suspend the entry of immigrants or impose restrictions on them when their entry would be detrimental to the U.S.

Speaking at the border in Imperial Beach, California, Homeland Security chief Kirstjen Nielsen doubled down, threatening to arrest or deport all caravan migrants who dare to cross into the United States.

"The rule and proclamation aim to save lives by discouraging asylum seekers from making risky, unlawful border crossings". U.S. Customs and Border Protection said Monday that it closed off northbound traffic for several hours at the San Ysidro crossing.

"The President has sought to halt this risky and illegal practice and regain control of the border", the Justice Department said in a court filing.

Rights groups have said immigrants are being forced to wait days or weeks at the border before they can present themselves for asylum, and the administration has been sued for deliberately slowing processing times at official ports. He admonished the government's lawyer, telling him, to say something is true is not to make it true.

In limiting asylum, Trump used the same powers he used to impose a travel ban - the third try was ultimately upheld by the Supreme Court. "Congress has been clear on this point for decades".

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