Trump administration asks Supreme Court to permit full implementation of asylum limits

Make sure to let us know what you think... we now have comments turned ON below the article!

President Donald Trump’s administration issued a new rule in July intended to limit the eligibility of migrants seeking asylum at the U.S. border, but it was predictably thwarted by an Obama-appointed activist judge who issued a nationwide injunction against implementation of the rule.

The injunction was later narrowed by an appeals court and sent back to the original court for additional argument, but the original judge has defiantly reimposed the broader injunction, and now, the administration is asking the U.S. Supreme Court to consider an emergency appeal that would overturn the lower judge’s injunction and allow the rule to be implemented while the merits of the case are presented.

Asylum rule in question

In July, the Trump administration announced the new rule requiring asylum-seekers to apply for protected status in the first safe country they reached prior to the U.S., which in theory would dramatically reduce the number of migrants claiming asylum at the southern border.

After a court challenge against the rule was mounted, Judge Jon Tigar sided with immigrants’ rights activist groups and imposed a nationwide injunction that prevented the limitations from going into effect, a decision that was quickly appealed up the chain to the Ninth Circuit Court of Appeals.

Somewhat surprisingly, a panel of Ninth Circuit judges ruled that Tigar overstepped his bounds and reduced the scope of the injunction to cover just the states within the Ninth Circuit, which would include California and Arizona. The case was also sent back down to the district level for further development of the record.

Rather defiantly, however, Tigar ignored the higher court’s ruling and reinstated the nationwide injunction against the rule to include the border states of New Mexico and Texas as well.

White House fights back

In the request to the Supreme Court for an emergency hearing to lift the injunction and allow the asylum rule to be put in place, Justice Department attorneys have now argued that a failure to lift the stay “would severely disrupt the orderly administration of an already overburdened asylum system.”

In a separate statement from the White House, press secretary Stephanie Grisham said, “Today, a single district judge in California reimposed a nationwide injunction halting the implementation of important rules that reform our broken asylum system — after the Ninth Circuit previously struck down this exact injunction.”

“Immigration and border security policy cannot be run by any single district court judge who decides to issue a nationwide injunction,” she continued. “This ruling is a gift to human smugglers and traffickers and undermines the rule of law.”

“We previously asked the Supreme Court to set aside the district court’s injunction in its entirety, our request remains pending with the Court, and we look forward to it acting on our request,” Grisham added.

Inappropriate use of injunctions

In the meantime, Politico reported that the administration similarly asked the Ninth Circuit Court of Appeals to implement an administrative stay on Tigar’s latest decision, and in what can only be described as a win for Trump, the court did just that, once again limiting the injunction’s applicability to California and Arizona.

Bear in mind that all of this comes as Attorney General William Barr and some on the Supreme Court, such as Justice Clarence Thomas, have been speaking out recently against the increasingly frequent use of nationwide injunctions by district judges to halt the lawful progress of an administration with which they have ideological or political disagreements. Perhaps Judge Tigar’s defiance will serve as the impetus for some sort of concerted action to end the troubling practice of injunction abuse by those on the federal bench.

74 Responses

  1. Aw, this was an incredibly good post. Taking the time and actual effort to generate a very good article… but what can I say… I hesitate a whole lot and don’t seem to get nearly anything done.

  2. After I originally left a comment I appear to have clicked the -Notify me when new comments are added- checkbox and from now on whenever a comment is added I receive four emails with the exact same comment. Perhaps there is a means you are able to remove me from that service? Thank you!

  3. I was pretty pleased to find this web site. I wanted to thank you for your time for this fantastic read!! I definitely really liked every bit of it and I have you bookmarked to look at new stuff in your site.

  4. Hi! I could have sworn I’ve visited this site before but after going through many of the articles I realized it’s new to me. Anyhow, I’m certainly delighted I stumbled upon it and I’ll be book-marking it and checking back frequently!

  5. An interesting discussion is worth comment. I do think that you ought to publish more about this topic, it might not be a taboo subject but typically people don’t speak about these subjects. To the next! Best wishes!!

  6. Hello! I could have sworn I’ve been to this site before but after looking at some of the posts I realized it’s new to me. Anyways, I’m certainly happy I came across it and I’ll be book-marking it and checking back often!

  7. I blog quite often and I truly appreciate your information. This great article has really peaked my interest. I will bookmark your site and keep checking for new information about once per week. I opted in for your Feed as well.

  8. I was very pleased to discover this page. I want to to thank you for ones time just for this wonderful read!! I definitely really liked every little bit of it and i also have you bookmarked to look at new stuff in your website.

  9. Hi, I do think this is an excellent web site. I stumbledupon it 😉 I may come back once again since i have saved as a favorite it. Money and freedom is the best way to change, may you be rich and continue to guide other people.|

  10. May I simply say what a relief to find an individual who really knows what they’re talking about on the web. You actually realize how to bring an issue to light and make it important. More people really need to check this out and understand this side of the story. I was surprised that you aren’t more popular since you surely possess the gift.

  11. Its such as you read my thoughts! You appear to grasp a lot approximately this, like you wrote the e-book in it or something. I think that you simply can do with a few percent to pressure the message house a little bit, however instead of that, that is excellent blog. A fantastic read. I will certainly be back.|

  12. Hi there, just became alert to your blog through Google, and found that it’s truly informative. I’m going to watch out for brussels. I will be grateful if you continue this in future. A lot of people will be benefited from your writing. Cheers!|

  13. Greetings from Florida! I’m bored at work so I decided to browse your blog on my iphone during lunch break. I love the knowledge you provide here and can’t wait to take a look when I get home. I’m amazed at how quick your blog loaded on my phone .. I’m not even using WIFI, just 3G .. Anyways, wonderful site!|

  14. Having read this I believed it was rather enlightening. I appreciate you finding the time and effort to put this article together. I once again find myself spending a significant amount of time both reading and commenting. But so what, it was still worth it!

  15. Can I simply say what a relief to find somebody who really understands what they are talking about on the net. You actually know how to bring an issue to light and make it important. A lot more people really need to read this and understand this side of the story. I was surprised you’re not more popular given that you definitely have the gift.

  16. I’m impressed, I have to admit. Rarely do I encounter a blog that’s both educative and engaging, and without a doubt, you’ve hit the nail on the head. The problem is something which too few men and women are speaking intelligently about. I am very happy that I found this in my search for something relating to this.

  17. Undeniably believe that which you stated. Your favorite justification seemed to be on the net the simplest thing to be aware of. I say to you, I definitely get annoyed while people think about worries that they plainly don’t know about. You managed to hit the nail upon the top as well as defined out the whole thing without having side effect , people can take a signal. Will probably be back to get more. Thanks|

Leave a Reply

Your email address will not be published.

Popular