U.S. Ninth Circuit - The FindLaw 9th Circuit Court of Appeals Opinion Summaries Blog

Trump Administration Anti-Asylum Policy Enjoined

A recent federal court ruling out of California's Northern District Court has enjoined, nationwide, the Trump Administration's newest policy basically denying all asylum seekers coming to America.

Judge Jon Tigar explained rather clearly in his ruling, supporting his order for a preliminary injunction stopping the new policy from being carried out: "Whatever the scope of the President's authority, he may not rewrite the immigration laws to impose a condition that Congress has expressly forbidden."

Crisis at the Border

On either side of the partisan divide, there are voices shouting about the crisis at the border.

In one camp, pundits decry how open the borders are, how immigrants are crossing the border daily regardless of the reason, abusing asylum policies, and how immigration enforcement is held in check by civil rights laws. In the other camp, there are masses of people trying to stop our country's discriminatory enforcement of immigration laws, implementation of discriminatory immigration policies, the separation of families at the border, the caging of children, and more.

The current crisis at the border is bolstered by the fact that thousands of U.S. troops have been deployed at the southern border in order to protect the country against a caravan of immigrants seeking asylum.

What's Next?

Unfortunately for immigration advocates, the preliminary injunction against the new policy expires on December 19, when a hearing is scheduled on whether to keep it in place or not.

Notably though, while Trump administration policies have encountered quite a few hurdles as a result of the reasoned thought of countless federal judges at the district court level, the appellate courts have been a bit friendlier (with the exception of DACA). However, it will be some time before an appellate court will be able to weigh in on the issue, which could pit executive agency action against the federal courts.

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