California Judge Blocks New Trump Rule Restricting Asylum
Judge Jon Tigar found the rule would have categorically prevented some immigrants from making asylum claims in some instances.
November 20, 2018 at 08:07 AM
4 minute read
The original version of this story was published on The Recorder
A California judge late Monday issued a nationwide order blocking the Trump administration's efforts to restrict asylum-seekers, saying a new rule imposed eligibility conditions that went beyond the powers granted by Congress.
The Trump administration's rule and a related presidential proclamation restricting asylum claims on the southern border to those individuals who enter the U.S. at designated ports run afoul of the federal Immigration and Nationality Act, said Judge Jon Tigar of the U.S. District Court for the Northern District of California. In some instances, he said, the rule would have categorically prevented some immigrants from making asylum claims.
“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,” Tigar wrote. “Whatever the scope of the president's authority, he may not rewrite the immigration laws to impose a condition that Congress has expressly forbidden.”
Tigar imposed a nationwide injunction—the latest against a Trump administration immigration policy—that is set to run at least until Dec. 19. The ruling came just hours after a hearing in San Francisco federal district court, where the American Civil Liberties Union, representing nonprofit plaintiffs, argued against the so-called asylum ban. A related court hearing also was held Monday in Washington, D.C.
U.S. Justice Department lawyer Scott Stewart argued the Trump administration's asylum rule did not flatly bar asylum-seekers so long as they enter through designated U.S. ports.
Tigar's ruling is certain to be challenged by the Trump administration, which has railed against the number of nationwide injunctions blocking immigration and other policies. Tigar said he would meet with the lawyers in the case on Dec. 19 to review whether a preliminary injunction should be imposed.
“Potential asylum seekers are exposed to numerous harms while waiting to present their claims, including not only physical privations like physical assault but also the loss of valuable, potentially meritorious claims for asylum,” Tigar wrote. “The rule, when combined with the enforced limits on processing claims at ports of entry, leaves those individuals to choose between violence at the border, violence at home, or giving up a pathway to refugee status.”
ACLU attorney Lee Gelernt said in a statement: “This ban is illegal, will put people's lives in danger, and raises the alarm about President Trump's disregard for separation of powers. There is no justifiable reason to flatly deny people the right to apply for asylum, and we cannot send them back to danger based on the manner of their entry. Congress has been clear on this point for decades.”
In the Washington case, Judge Emmet Sullivan of the U.S. District Court for the District of Columbia did not issue an immediate ruling. Sullivan in August drew national headlines when he ordered the U.S. government to turn around a plane midflight carrying a woman and her daughter who had been seeking asylum. The judge was incensed that the government, despite assertions to the contrary, had removed the family amid emergency proceedings in the case.
Read the order:
Read more:
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllTrump's SEC Likely to Halt 'Off-Channel' Texting Probe That's Led to Billions in Fines
Shaq Signs $11 Million Settlement to Resolve Astrals Investor Claims
5 minute readUS Magistrate Judge Embry Kidd Confirmed to 11th Circuit
Trending Stories
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250