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A federal judge in San Francisco has determined that the White House Administration of President Donald Trump is not allowed to exclude immigrants illegally entering the United States from the southern border from applying for asylum.
It is a temporary decision of the judge. Presumably, he’ll decide in December whether his ruling will stand for long term. Given that there are thousands of asylum seekers currently amassing in Tijuana wanting to cross the border the ruling has immediate consequences.
<blockquote class="twitter-tweet" data-lang="en"><p lang="en" dir="ltr">Judge Tigar (ND Cal) just issued a nationwide injunction (TRO for now) prohibiting the Trump administration from implementing a rule that would categorically deny asylum outside designated ports of entry. <a href="https://twitter.com/hashtag/appellatetwitter?src=hash&ref_src=twsrc%5Etfw">#appellatetwitter</a> <a href="https://t.co/vwg7BkJgVy">https://t.co/vwg7BkJgVy</a></p>— Sara Haji (@thedivamuffin) <a href="https://twitter.com/thedivamuffin/status/1064759682873548803?ref_src=twsrc%5Etfw">November 20, 2018</a></blockquote>
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Earlier this month, as the multiple caravans were on their way to the US, President signed a decree to discourage illegal immigration.
Related coverage: <a href=": http://thegoldwater.com/news/42824-Caravan-Trump-Temporarily-Closes-Mexico-Border-to-Fortify-Fence-No-Climbers-Anymore"> Caravan - Trump Temporarily Closes Mexico Border to Fortify Fence ‘No Climbers Anymore’</a>.
The decree would make it possible to automatically refuse asylum applications from people who had illegally crossed the border between Mexico and the US.
Migrants who wanted to enter from Mexico were therefore only allowed to apply for asylum at official border posts.
<blockquote class="twitter-tweet" data-lang="en"><p lang="en" dir="ltr">May we get, “Checkmate” for $500, Alex? <br><br>“Whatever the scope of the President’s authority, he may not rewrite the immigration laws to impose a condition that Congress has expressly forbidden” wrote Judge Tigar. <a href="https://twitter.com/hashtag/AsylumBan?src=hash&ref_src=twsrc%5Etfw">#AsylumBan</a> <a href="https://t.co/l1kW7DJ0Id">https://t.co/l1kW7DJ0Id</a></p>— UndocuBlack Network (@UndocuBlack) <a href="https://twitter.com/UndocuBlack/status/1064794215824056320?ref_src=twsrc%5Etfw">November 20, 2018</a></blockquote>
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US District Judge Jon Tigar in San Francisco issued the temporary restraining order after hearing arguments by several civil rights groups who claimed that the immigrants human rights were being violated.
Judge Tigar, in his ruling, said the current US legislation made it clear that any foreigner arriving in the US "whether or not at a designated port of arrival" could apply for asylum.
He furthermore stated that President Trump's unilateral proclamation of 9 November was an "extreme departure" from prior practice.
<blockquote class="twitter-tweet" data-lang="en"><p lang="en" dir="ltr">Federal judge bars Trump administration from refusing asylum to immigrants who cross the southern border illegally. <a href="https://t.co/XOU43yo5O6">https://t.co/XOU43yo5O6</a> <a href="https://t.co/yagKy16sIf">pic.twitter.com/yagKy16sIf</a></p>— ABC News (@ABC) <a href="https://twitter.com/ABC/status/1064806592003096576?ref_src=twsrc%5Etfw">November 20, 2018</a></blockquote>
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"Whatever the scope of the president's authority, he may not rewrite the immigration laws to impose a condition that Congress has expressly forbidden."
The case was brought by The American Civil Liberties Union (ACLU), the Southern Poverty Law Center and the Center for Constitutional Rights.
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Mexico offered them asylum. They refused. They are not "asylum seekers".
The administration, by now, should have expected this. Every decision he makes is blocked by activists judges. How fast and what will be the response by the administration?
another pos judge. trump does have the right to declare a national emergency and close the borders.
furthermore: this isn't a 'normal' immigration scenario. there are TEN THOUSAND invaders rushing our border who have no intention of coming here legally.
The laws governing asylum seekers still stands as it was prior to anything Trump said/did. They have rejected asylum offer from Mexico and are NOT eligible for asylum in America! No worries.
Well now. Anyone surprised that a San Francisco Judge appointed by Obama blocked the latest attempt of our President to keep us safe? It's PAST TIME for a SCOTUS ruling as hinted at by J.Thomas in the Travel Ban case to stop random Judges from acting as tho they're our President.
The judge doesn't have the authority to halt President Trump. He has the authority when he see a security threat to this nation to stop people from coming in.