Judge stalls enforcement of Trump’s asylum restrictions
HOUSTON: A US federal judge has barred the Trump administration from refusing asylum to immigrants who cross the southern border illegally.
President Donald Trump issued a proclamation on Nov 9 circumventing immigration law, saying anyone who crossed the southern border between official ports of entry would be ineligible for asylum.
As the first of several caravans of migrants have started arriving at the US-Mexico border, Trump said the restrictions were necessary to stop what he’s called a national security threat. He also sent thousands of active-duty troops to the border to back up immigration officials there.
But in his ruling, US District Judge Jon Tigar agreed with legal groups that immediately sued, arguing that US immigration law clearly allows someone to seek asylum even if they enter the country between official ports of entry and temporarily barred the ruling from going into place while the case is heard.
“Whatever the scope of the president’s authority, he may not rewrite the immigration laws to impose a condition that Congress has expressly forbidden,” said Tigar, a nominee of former president Barack Obama.
It was the latest legal challenge to thwart the Trump administration’s effort to harden the US-Mexico border without Congress changing any laws, including an effort to try to detain migrant families in long-term facilities. Trump stopped family separations at the border earlier this year after a global outcry, but it was a federal judge who ruled the administration had to reunify the families.
The ruling remains in effect for one month, barring an appeal. 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.
A joint statement by Department of Homeland Security (DHS) and the Justice Department said the Supreme Court had already shown the president had the legal right to restrict asylum.
“Our asylum system is broken, and it is being abused by tens of thousands of meritless claims every year,” the departments said. “We look forward to continuing to defend the Executive Branch’s legitimate and well-reasoned exercise of its authority to address the crisis at our southern border.”
The regulations were put in place in part to stop what the government says are loopholes that allow thousands of people to avoid deportation. DHS estimates around 70,000 people a year claim asylum after crossing illegally. But illegal crossings overall are well below historical highs from previous decades.
Around 3,000 people from the first of the caravans have arrived in Tijuana, Mexico, across the border from San Diego, California. US Customs and Border Protection said on Monday that it closed off northbound traffic for several hours at the San Ysidro crossing to install movable, wire-topped barriers after reports that some migrants were planning to rush through the lanes but none did.
The US military has deployed 5,800 active-duty troops to the US-Mexico border. Another 2,100 National Guard troops have also been deployed since April as part of a separate mission.
They are not allowed to detain illegal crossers.
Published in Dawn, November 21st, 2018
