U.S. Supreme Court rejects President Trump's plea to enforce asylum ban

U.S. Supreme Court rejects President Trump's plea to enforce asylum ban

Kerry Wise
December 24, 2018

Trump's two high court appointees, Brett Kavanaugh and Neil Gorsuch, joined the two other conservative justices, Clarence Thomas and Samuel Alito, in dissent.

Trump said he was acting in response to caravans of migrants making their way to the border.

The Trump administration's stay request was part of an aggressive effort to draw the Supreme Court into legal battles over some of the president's most controversial initiatives.

"The Supreme Court doesn't like to be rushed, and Chief Justice Roberts in particular doesn't like to be rushed", said Toobin. The judge had blocked Trump's order on asylum from taking effect, prompting the president to denounce him as an "Obama judge".

Nielsen made the announcement at a House Judiciary Committee hearing, telling the committee that the goal is to crack down on migrants falsely claiming asylum, only to be released into the US and escape the radar of immigration officials.

"Any alien who is physically present in the United States or who arrives in the United States", the relevant federal statute says, may apply for asylum - "whether or not at a designated port of arrival".

The administration's proposed policy, which dates back to early November, sought to temporarily prevent immigrants from being able to apply for asylum if they did not come into the U.S.at an official point of entry.

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The appeal was made by the administration against a ruling by a California-based federal judge.

The 5-4 vote by the justices on Friday was the latest setback in US President Donald Trump's controversial relationship with the country's top judges and courts. "Just as we may not, as we are often reminded, 'legislate from the bench, ' neither may the Executive legislate from the Oval Office", wrote Judge Jay S. Bybee, a conservative jurist appointed by US President George W. Bush.

Immigrants rights advocates said the president did not have the legal authority to change the law on his own.

The administration argued that those who cross into the country illegally could still apply for asylum but that their illegal passage would be a reason to deny it.

Last week the Trump administration went to the Supreme Court, asking the justices to put Tigar's order on hold while it appeals his ruling to the U.S. Court of Appeals for the 9th Circuit and, if necessary, the Supreme Court.

"We are pleased the court refused to allow the administration to short-circuit the usual appellate process", Gelernt said.

The Supreme Court denied the administration's request for a stay of a nationwide injunction that had blocked the new asylum restrictions, report the New York Times, the National Law Journal and the Washington Post. The administration may eventually, as Trump predicted, win in the Supreme Court, but this round went to the challengers, and the eventual fate of the case nearly certainly lies in Roberts' hands.