President Donald Trump’s new immigration rules received a major blow late on Monday when Jon Tigar, a federal judge in San Francisco, kicked against the administration’s rules that limit the asylum-seeking abilities of migrants. He ruled that the policy of stopping migrants who enter the country illegally from getting asylum is in absolute contrast to U.S. law that gave them the right to do so.
On November 9, US President Trump overruling the 1965 Immigration and Nationality Act that states all foreigners arriving USA, regardless it is a designated port or not, have the right to apply for asylum. He signed a presidential proclamation which puts an end to migrants’ ability to request asylum when they enter the United States illegally. In his justification, he relied on a law that gives him the right to suspend foreigners’ entry if he could sign a proclamation that declares foreigners are detrimental to the welfare of the US. This was the same right he exercised to implement the highly controversial travel ban aimed at majority-Muslim countries.
The Federal Judge’s Position
Jon Tigar said rules barring immigrants who enter the US outside of a designated port from getting asylum is in contrast with the INA as well as Congress’ expressed intent. The judge who was appointed by Barack Obama affirmed that whatever the President’s scope of authority is, he may not come up with new immigration laws to force a condition expressly forbidden by Congress.
A temporary residing order preventing the administration from enforcing new rules was issued by Tigar. The restrain holds till December 19, when the court case continues. This ruling may be appealed by the Department of Justice, but it nevertheless could have an immediate impact on the migrant caravans who are currently at Tijuana.
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