California Federal Judge Defends His Decision To Block New Asylum Restrictions

After a ruling from the 9th US Circuit Court of Appeals narrowed the injunction last month, a federal judge in California appeared on Thursday to defend his Decision To Block New Asylum Restrictions. US District Judge Jon in July halted the Trump administration’s rule which dramatically limits the Central American migrants ability to claim asylum if they enter the US by land through Mexico. Almost a month later, the 9th Circuit dialed back the injunction, saying it can only apply to migrants who are claiming asylum in California and Arizona, that is states that falls under the 9th Circuit’s jurisdiction.

California Federal Judge Defends His Decision To Block New Asylum Restrictions

The US President Donald Trump was given a partial win because of that ruling, as the administration works hard in order to usher forward its immigration agenda. But it’s unclear how long the administration will be able to hold on to that victory.

I do think I have the authority to make a clear ruling in favor of my prior injunction as it was issued, if I believe the record supports that ruling,” Tigar said in a hearing Thursday. Over the course of an hour, Tigar walked through what he believed the 9th Circuit’s ruling to mean, saying he suspects some ambiguity in the ruling.

I take (it) to say, ‘Judge Tigar, you seem to assume in a situation like this a nationwide injunction is appropriate. You shouldn’t make that assumption. Please explain yourself,’ ” says the judge.

The American Civil Liberties Union as well as other groups challenging the asylum rule, outlined the additional evidence it provided to shore up its cases against the rule. That evidence was pushed back by the Justice Department lawyer, saying it still didn’t meet the “tremendous burden.”

The restrictions on asylum are one of many policy changes the administration has had challenged in court.

The rule, which was issued from the Departments of Justice and Homeland Security in July, would forbid migrants who have resided in or traveled through third countries from seeking asylum in the US, therefore prohibiting migrants who are traveling through Mexico from being eligible to claim asylum. The new rule would severely limit who’s eligible for asylum.

The rule has been claimed to be unlawful BH immigrant advocacy groups and it leaves migrants in harm’s way. However, the Trump administration is trying very hard to push forward with the rule. Last month, the Supreme Court was asked by the administration to slow the rule to go into effect nationwide while a lower court ruling blocking it is appealed.