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Judge blocks Trump administration from denying asylum claims to immigrants who cross border illegally

A federal judge issued a temporary restraining order blocking the Trump administration's asylum restrictions on immigrants who cross the US-Mexico border illegally.

Posted: Nov 20, 2018 6:47 AM


In an order laced with language accusing President Donald Trump of attempting to rewrite immigration laws, a federal judge based in San Francisco temporarily blocked the government late Monday night from denying asylum to those crossing over the southern border between ports of entry.

Judge Jon S. Tigar of the U.S. District Court for the Northern District of California said that a policy announced November 9 barring asylum for immigrants who enter outside a legal check point '"irreconcilably conflicts" with immigration law and the "expressed intent of Congress."

"Whatever the scope of the President's authority, he may not rewrite the immigration laws to impose a condition that Congress has expressly forbidden," Tigar wrote, adding that asylum seekers would be put at "increased risk of violence and other harms at the border" if the administration's rule is allowed to go into effect.

The temporary restraining order is effective nationwide and will remain in effect until December 19, when the judge has scheduled another hearing, or further order of the court.

The order is the latest setback for the administration that has sought to crack down on what it says are flaws in the immigration system, and it is a victory for the American Civil Liberties Union, the Southern Poverty Law Center and other groups who argued it is illegal to block someone based on how they entered the country.

"This ban is illegal, will put people's lives in danger and raises the alarm about President Trump's disregard for separation of powers," said the ACLU's Lee Gelernt.

"There is no justifiable reason to flatly deny people the right to apply for asylum, and we cannot send them back to danger based on the manner of their entry," he said.

Earlier this month, the President issued a proclamation referring to "large, organized groups" who were traveling through Mexico and "reportedly intend to enter the United States unlawfully or without proper documentation and to seek asylum."

It said that those seeking entry can only do so temporarily at recognized ports of entry to allow for "orderly processing" and denied entry to those at any other location along the southern border.

"But aliens who enter the United States unlawfully through the southern border in contravention of this proclamation will be ineligible to be granted asylum," the President wrote.

"The arrival of large numbers of aliens will contribute to the overloading of our immigration and asylum system and to the release of thousands of aliens into the interior of the United States," the proclamation read.

Indiana Coronavirus Cases

Data is updated nightly.

Confirmed Cases: 73287

Reported Deaths: 3036
CountyConfirmedDeaths
Marion15701725
Lake7496275
Elkhart480184
Allen3835163
St. Joseph342381
Hamilton2723104
Vanderburgh192213
Hendricks1871108
Cass17869
Johnson1741118
Porter129439
Clark120247
Tippecanoe118911
Madison94365
LaPorte89430
Howard88465
Kosciusko84712
Bartholomew78047
Marshall77422
Floyd77246
Monroe74630
Delaware71452
Dubois68712
Boone67246
Noble66329
Hancock64738
Vigo61910
Jackson5855
Warrick57930
LaGrange55710
Shelby54627
Grant52630
Dearborn49628
Morgan46734
Clinton4303
Henry37620
Wayne36810
White36110
Montgomery35221
Lawrence34227
Decatur33532
Harrison32723
Putnam2868
Miami2692
Scott26610
Daviess26420
Greene24634
Franklin24114
Jasper2342
DeKalb2304
Jennings22412
Gibson2214
Steuben2073
Ripley1997
Fayette1867
Carroll1852
Perry18412
Starke1777
Posey1700
Orange16924
Wabash1653
Fulton1642
Wells1622
Jefferson1602
Knox1510
Whitley1516
Washington1391
Tipton1379
Spencer1313
Huntington1223
Newton11810
Randolph1184
Clay1165
Sullivan1131
Adams962
Jay910
Owen871
Pulaski791
Rush764
Brown731
Fountain732
Blackford632
Ohio635
Benton610
Pike530
Parke511
Vermillion490
Switzerland460
Crawford440
Martin430
Union390
Warren221
Unassigned0202

Ohio Coronavirus Cases

Data is updated nightly.

Confirmed Cases: 99969

Reported Deaths: 3668
CountyConfirmedDeaths
Franklin18182523
Cuyahoga13414499
Hamilton9583255
Lucas5288323
Montgomery431894
Summit3523222
Marion292245
Butler289163
Mahoning2532255
Pickaway238342
Stark1813139
Warren176739
Lorain173678
Columbiana165660
Trumbull1518106
Fairfield136732
Delaware129219
Licking126049
Clark114214
Lake111138
Wood103058
Clermont92111
Medina91435
Miami83238
Tuscarawas78114
Portage75461
Allen73244
Greene68412
Belmont62126
Mercer60513
Richland60012
Erie57027
Ashtabula56246
Geauga55444
Wayne52958
Ross4684
Huron3955
Darke39329
Ottawa37726
Sandusky37316
Hancock3723
Athens3561
Madison35510
Holmes3276
Lawrence2790
Auglaize2506
Union2461
Muskingum2251
Jefferson2242
Scioto2241
Putnam20517
Seneca2043
Knox2037
Washington20222
Preble2012
Coshocton1926
Shelby1904
Crawford1745
Champaign1732
Morrow1682
Hardin16412
Clinton1626
Highland1561
Logan1522
Fulton1471
Wyandot1458
Ashland1433
Defiance1424
Williams1343
Brown1272
Perry1233
Guernsey1167
Henry1162
Hocking1169
Fayette1120
Carroll1115
Monroe9118
Pike760
Jackson740
Van Wert711
Paulding670
Gallia651
Adams592
Meigs380
Vinton312
Harrison261
Morgan250
Noble170
Unassigned00
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