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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsFederal judge blocks Trump's new asylum rules: 'He may not rewrite the immigration laws'
A federal judge in San Francisco late Monday blocked new rules put into place by President Donald Trump that limit the ability of migrants to request asylum, a legal blow to the administration's efforts to curb legal immigration that opens the door for more members of the migrant caravan to request asylum in the U.S.
U.S. District Judge Jon Tigar ruled that the administration's new policy of cutting off asylum to migrants who enter the country illegally appears to run afoul of U.S. law that specifically allows them to do so.
The 1965 Immigration and Nationality Act states that any foreigner who arrives in the USA, "whether or not at a designated port of arrival," may apply for asylum. But on Nov. 9, Trump tried to overrule that law, signing a presidential proclamation ending the ability of migrants to request asylum if they enter the country illegally.
The rule barring asylum for immigrants who enter the country outside a port of entry irreconcilably conflicts with the INA and the expressed intent of Congress," wrote Tigar, who was appointed by former President Barack Obama. "Whatever the scope of the Presidents authority, he may not rewrite the immigration laws to impose a condition that Congress has expressly forbidden.
U.S. District Judge Jon Tigar ruled that the administration's new policy of cutting off asylum to migrants who enter the country illegally appears to run afoul of U.S. law that specifically allows them to do so.
The 1965 Immigration and Nationality Act states that any foreigner who arrives in the USA, "whether or not at a designated port of arrival," may apply for asylum. But on Nov. 9, Trump tried to overrule that law, signing a presidential proclamation ending the ability of migrants to request asylum if they enter the country illegally.
The rule barring asylum for immigrants who enter the country outside a port of entry irreconcilably conflicts with the INA and the expressed intent of Congress," wrote Tigar, who was appointed by former President Barack Obama. "Whatever the scope of the Presidents authority, he may not rewrite the immigration laws to impose a condition that Congress has expressly forbidden.
https://www.usatoday.com/story/news/world/2018/11/19/federal-judge-blocks-trumps-new-asylum-rules-migrant-caravan/2060994002/
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Federal judge blocks Trump's new asylum rules: 'He may not rewrite the immigration laws' (Original Post)
spanone
Nov 2018
OP
That has been our little "firewall" against all these illegal moves from the WH!
BumRushDaShow
Nov 2018
#5
treestar
(82,383 posts)1. His attempted power grabs are the
worst thing about him. No respect for the law.
FakeNoose
(32,639 posts)3. Luckily we have good federal judges in this country
... who are ready and able to punch him back down.
Wish I could say the same for the Senate.
BumRushDaShow
(128,979 posts)2. "Tigar, who was appointed by former President Barack Obama."
I've been posting over and over here on DU that despite the years of Turtle's blocks in the Senate, Obama was still able to appoint 329 judges to the courts.
hostalover
(447 posts)4. I did not know that! Thanks for letting us know, especially me.
BumRushDaShow
(128,979 posts)5. That has been our little "firewall" against all these illegal moves from the WH!