Nationwide Injunction Against Trump Asylum Limits Placed On Hold. Late Tuesday night, a California federal judge’s attempt to issue a nationwide injunction on Trump administration’s new asylum restrictions was blocked for a second time. It’s the latest move in a case that has bounced around between the lower courts and comes as the Supreme Court considers an emergency request from the Justice Department asking the Court to weigh in.
In essence, the 9th US Circuit Court of Appeals ruling simply means that the administration’s rule that dramatically limits the ability of Central American migrants to claim asylum can continue to go forward except as it applies to California and Arizona — two border states that fall under the 9th Circuit’s jurisdiction.
Nationwide Injunction Against Trump Asylum Limits Placed On Hold
On July 2, 2019, Border Patrol agents watch over immigrants after taking them into custody in Los Ebanos, Texas. So many immigrants, mostly from Central America, turned themselves in to border agents after rafting across the Rio Grande from Mexico to seek political asylum in the United States.
The rule, from the departments of Justice and Homeland Security, would forbid migrants from seeking asylum in the US if they have resided in or traveled through third countries, therefore barring migrants traveling through Mexico from being eligible to claim asylum.
On Monday, US District Judge Jon Tigar had restored his earlier decision to block a Trump administration rule limiting asylum for some migrants, in response to an earlier 9th Circuit ruling. But that was short lived, in light of Tuesday’st 9th Circuit ruling.
In his order on Monday, he said,” The primary reason a nationwide injunction is appropriate is because it is the only means of affording complete relief” – issuing yet another setback for the Trump administration after its brief victory in the 9th Circuit last month.
Tigar halted the administration rule in July. 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.
But again, Monday’s order expands the I junction, blocking it across the country instead of only in the states that falls under the 9th Circuit’s jurisdiction. Tigar has earlier defended his initial nationwide injunction in a hearing. For over an hour, Tigar walked through what he understand by the meaning of the 9th Circuit’s ruling, saying there appeared to be some ambiguity.
“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,” the judge said. Immigrant advocacy groups have claimed the rule is unlawful which is leaves migrants in harms way.
Tuesday’s 9th Circuit ruling handed the administration a partial win as it seeks to implement its rule across the country. US Citizenship and Immigration Services acting Director Ken Cuccinelli called Tuesday’s ruling “a little good news on the judicial front (for now)” in a tweet.
Amid the back and forth, the Justice Department has asked the Supreme Court to step in. But it’s unclear if the justices will act while the 9th Circuit considers the issue.
Nationwide Injunction Against Trump Asylum Limits Placed On Hold. A federal judge’s attempt to issue a nationwide injunction on asylum restrictions failed