Kevin Daley on November 20, 2018
A federal judge in California issued a temporary restraining order (TRO) against the Trump administration’s new asylum rules early Tuesday morning.
President Donald Trump issued an order on Nov. 9 denying asylum for all foreign nationals who enter the country illegally. The American Civil Liberties Union (ACLU) challenged the proclamation in court, arguing it violates the Immigration and Nationality Act (INA) and the Administrative Procedure Act (APA). U.S. District Court Judge Jon Tigar agreed, explaining that Congress extended asylum eligibility to all comers.
“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’s decision reads.
The TRO will remain in effect until Dec. 19. Tigar is an Obama appointee to the federal trial court in San Francisco.
The overnight order followed arguments in the dispute just 12 hours prior.
“This ban is illegal, will put people’s lives in danger, and raises the alarm about President Trump’s disregard for separation of powers,” ACLU attorney Lee Gelernt said after Tuesday’s decision. “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.”
This is breaking news. This post will be updated.
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