WASHINGTON (AP) — The Trump administration is asking the Supreme Court to allow enforcement of a ban on asylum for any immigrants who illegally cross the U.S.-Mexico border.
Two federal courts have temporarily blocked the policy President Donald Trump announced in November in response to caravans of migrants that were approaching the border. Last week, the federal appeals court in San Francisco said the ban is inconsistent with federal law and an attempted end-run around Congress.
The administration said in court papers filed Tuesday that the nationwide order preventing the policy from taking effect “is deeply flawed” and should be lifted pending an appeal that could reach the high court.
Trump’s proclamation is among measures that “are designed to channel asylum seekers to ports of entry, where their claims can be processed in an orderly manner; deter unlawful and dangerous border crossings; and reduce the backlog of meritless asylum claims,” Solicitor General Noel Francisco wrote in his Supreme Court filing.
Lee Gelernt, an American Civil Liberties Union lawyer representing immigrant advocacy groups challenging the asylum policy, said, “The Trump administration is asking the Supreme Court to short-circuit the normal judicial process and reinstate a blatantly unlawful policy.”
Justice Elena Kagan, who handles emergency appeals from California and other western states, called for a response from opponents of the asylum policy by midday Monday.
In the first court ruling on the issue, U.S. District Judge Jon Tigar said on Nov.19 that U.S. law allows immigrants to request asylum regardless of whether they entered the country legally.
The president “may not rewrite the immigration laws to impose a condition that Congress has expressly forbidden,” the judge said in his order.
The ruling prompted Trump’s criticism of Tigar as an “Obama judge” and led to an unusual public dispute between Trump and Chief Justice John Roberts, who rebuked the president with a statement defending the judiciary’s independence.
It is ludicrous in the extreme that some clown on the 9th circuit is now making national immigration policy in the place of POTUS and the Congress. SCOTUS should immediately make all 9th circuit orders review by Kavanaugh and Roberts.
“An American Civil Liberties Union lawyer said the administration’s plea to the high court is an effort to short-circuit the normal judicial process.” The “normal judicial process” has never included rogue judges on the 9th making national policy.
Melania came under false pretences (tourist, not work visa), so doesn’t that make her, her offspring, and her parents all illegals who should be deported post-haste?
Except that is not what is happening. Judges are examining the constitutionality of Trump administration policies, and stopping their implementation when they are not in accordance with the Constitution or prior jurisprudence. That is what they are supposed to do, there’s nothing ludicrous without it, and without judicial review this president could do whatever he wanted (since Congress refuses to do its job and hold him in check).
The judges are not making policy, they are ensuring the policies are legal…the problem rests with an administration that keeps making policies that don’t conform to our laws.
Don’t feed the troll. nickdanger never has anything serious to say, he’s just here to stir things up.
In order to request asylum, one need to do so in almost all circumstances on US soil. Trump’s request that such applications can only occur on foreign soil renders the binding asylum law void. This is a ludicrous legal position.