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
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.”
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