Sunday, 22 September, 2019

Appeals court puts on hold ruling blocking asylum change

Supreme Court clears the way for new asylum restrictions to take effect Supreme Court Gives Green Light To Trump Administration's Asylum Rules
Patty Aguilar | 12 September, 2019, 09:23

The Supreme Court cleared the way Wednesday for the Trump administration to deny asylum to migrants from other countries who traveled through Mexico before reaching the US, giving the administration a major win as it tries to stop the border surge.

Under the rule, migrants from El Salvador, Honduras, and Guatemala will automatically be denied asylum in the USA unless their applications for asylum in Mexico are rejected.

The US Supreme Court has given the go-ahead to Trump administration plans that severely limit the ability of migrants to claim asylum.

"Once again the Executive Branch has issued a rule that seeks to upend longstanding practices regarding refugees who seek shelter from persecution", Sotomayor and Ginsburg wrote.

The court's ruling handed a victory to Trump.

Tigar reinstated the injunction Monday evening after opponents of the asylum ban presented the court with new evidence.

"BIG United States Supreme Court WIN", Trump tweeted after the ruling. Trump said on Twitter.

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The 9th Circuit Court of Appeals then narrowed Tiger's his order again on Tuesday by issuing an administrative stay. People crossing the southern border won't be able to seek asylum unless they previously applied for protection from one of the countries they passed through. This amendment gave the administration the authority to enforce the policy on asylum seekers arriving in New Mexico and Texas.

The American Civil Liberties Union (ACLU) and others who challenged the administration's policy in federal court said it violates USA immigration law and accused the administration of failing to follow the correct legal process in issuing the rule.

In July, Obama-appointed U.S. District Judge Jon Tigar in San Francisco blocked the White House ban.

They were both trumped by Supreme Court, which will allow the asylum restriction to remain in place until the underlying legality of the rule is determined at trial.

The rule, unveiled on July 15, requires most immigrants who want USA asylum to first seek asylum in a third country they had travelled through on their way to the US.

But Ebrard said he told USA officials that neither his government or the Mexican Senate would agree to such a deal, stressing that he believes the two sides have accomplished "90%" of the goals they outlined in June, when Mr. Trump was threatening to impose tariffs on Mexican goods unless Mexico did more to stem the flow of migrants. "The lives of thousands of families are at stake", said Lee Gelernt, the American Civil Liberties Union lawyer who is representing immigrant advocacy groups in the case.

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