Tuesday, 17 September, 2019

Supreme Court allows broad enforcement of asylum limits

Supreme Court Allows Nationwide Enforcement of New Trump Administration Restrictions on Asylum Seekers SCOTUS Allows Trump Admin To Impose Harsh Requirement On Asylum Seekers
Patty Aguilar | 13 September, 2019, 14:28

"While there is much more work still to be done, thankfully the Supreme Court took a decisive step here and rejected the lower court's egregious ruling", Gidley said.

USA law states explicitly that people can arrive anywhere along the border - not just at official ports of entry - and ask for asylum.

Morgan said the Trump administration is "doing everything that they can" to address what he described as the crisis on the border.

Mexican President Andres Manuel Lopez Obrador has been at pains to avoid angering Trump in the fraught discussions over trade and migration, mindful that Mexico sends around 80% of its exports to the United States.

Mexico has long resisted a so-called safe third country agreement with the US that would require migrants to request asylum there first, while advocates for asylum seekers point to Mexico's homicide rate and cartel violence as reasons why the country doesn't qualify as a safe third country.

On the nine-judge Supreme Court liberal-leaning Justices Ruth Bader Ginsburg and Sonia Sotomayor dissented from the ruling.

She also said, "The rule the government promulgated topples decades of settled asylum practices and affects some of the most vulnerable people in the Western Hemisphere - without affording the public a chance to weigh in".

Critics say the kind of restraining order issued by Tigar that goes well beyond the territorial jurisdiction of his judicial district and the 9th Circuit itself, sometimes called a universal injunction, allows unelected judges to function as lawmakers and, in effect, veto presidential directives.

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On Monday, the 9th Circuit Court of Appeals had handed the White House a partial victory in the case by ending the nationwide injunction against the asylum policy but keeping it alive within the territorial boundaries of the circuit: California, Arizona, Alaska, Hawaii, Montana, Nevada, Idaho, Guam, Oregon and Washington. The 9th Circuit again narrowed his order on Tuesday.

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 lives of thousands of families are at stake", said Gelernt.

Mexico could see asylum requests soar under the measure, which dramatically changes the rules for the thousands of Central Americans fleeing poverty and gang violence in their home countries in hopes of reaching the United States.

The ruling means the administration can now refuse to consider a request for asylum from anyone failing to apply for it in another country, such as Mexico, after leaving home but before coming to the U.S. The order means migrants from Honduras, Guatemala and El Salvador can't seek asylum in the U.S. if they didn't first ask for it in Mexico. The rule would keep asylum protections for Mexican citizens. The administration has said that it wants to close the gap between an initial asylum screening that most people pass and a final decision on asylum that most people do not win.

The shift reverses decades of US policy.

"Lives will be lost".

Critics of the new administration policy, such as the American Civil Liberties Union (ACLU), continue to claim this one is even more restrictive than the first.

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