Judge Jon S. Tigar of the US District Court for the Northern District of California temporarily blocked the government on Monday night from denying asylum to immigrants who illegally cross the southern border of the United States. In his decision, Judge Tigar wrote that barring asylum for immigrants who enter outside of legal check points “irreconcilably conflicts” with immigration law and the “expressed intent of Congress.”
On November 9, President Trump issued a proclamation saying anyone crossing the U.S. southern border without doing so through an official port would be ineligible for asylum. In East Bay Sanctuary Covenant et al v. Trump et al, immigrant advocacy groups argued it was illegal to block someone from seeking asylum based on how they entered the country, and that the Trump administration also violated the Administrative Procedure Act by not providing public notice or comment on its new asylum rule.
The Justice Department and the Department of Homeland Security argued that President Trump has the right to suspend entry by individuals into the United States if he determines it to be in the national interest.
The temporary restraining order is effective nationwide and will remain in effect until December 19, when Judge Tigar has scheduled another hearing, or further order of the court.
Federal Court Blocks Trump Administration’s Asylum Ban, NPR November 20, 2018
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