Roberts sides with liberal justices & 9th Circuit to deny Trump's asylum ban

24 December, 2018, 01:02 | Author: Gregory Stephens
  • Roberts Joins Liberal Wing SCOTUS Refuses To Allow Trump Administration To Enforce Asylum Ban

Justices Clarence Thomas, Samuel Alito, Neil Gorsuch and Brett Kavanaugh said they would have granted the administration's request to lift the hold on the ban.

The administration has sought ways to block thousands of Central American men, women and children traveling in caravans to escape violence and poverty in their home countries from entering the USA, with Mr Trump calling them a national security threat.

The Trump administration's stay request was part of an aggressive effort to draw the Supreme Court into legal battles over some of the president's most controversial initiatives.

Judge Tigar's ruling prompted Mr Trump to call the jurist an "Obama judge" and blast the 9th Circuit in general as a "disgrace". At the port of entry in Tijuana, among other locations, migrants and refugees are managing an informal list of those wishing to cross into the USA to apply.

"President Trump's November 9 proclamation barred asylum for anyone who crossed the U.S. -Mexico border between official ports of entry, a reaction to recent caravans of migrants from Central America", The Washington Post notes.

Chief Justice John Roberts sided with the four liberal justices in the 5-4 ruling. The statute says an asylum application must be accepted from any alien "physically present in the United States or who arrives in the United States whether or not at a designated port of arrival. irrespective of such alien's status".

Trump's comments elicited a rare public rebuke from Chief Justice John Roberts, who shot back that the federal judiciary does not "have Obama judges or Trump judges, Bush judges or Clinton judges".


Immigrants rights advocates said the president did not have the legal authority to change the law on his own.

The Associated Press reports that the court upheld a federal judge's ruling barring a ban on asylum seeking along the southern border. Government statistics show the number of undocumented immigrants arrested near the Mexican border is less than half what it was a decade ago, the groups said.

"After World War II and the horrors experienced by refugees who were turned away by the United States and elsewhere, Congress joined the global community in adopting standards for the treatment of those fleeing persecution", lawyers with the ACLU. wrote.

Lee Gelernt of the American Civil Liberties Union, representing those challenging the regulation, praised the court's decision to keep the stay in place.

"We are pleased the court refused to allow the administration to short-circuit the usual appellate process", he said.

Donald Trump's immigration ban on Central Americans rejected by the Supreme Court on Wednesday.

"The 9th Circuit, we're going to have to look at that", Trump said, before adding that "every case" that goes through that circuit results in "an automatic loss" for his administration.

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