[ad_1]
As part of a major victory for the Trump administration, the Supreme Court on Wednesday issued an order putting an end to all injunctions that blocked the ban on asylum imposed by the White House. anyone attempting to enter the United States through a third country, such as Mexico, without seeking protection. The.
The 9th Circuit Court of Appeal – long a liberal stronghold aggressively transformed into a more moderate court by the Trump administration – granted the Trump administration a partial victory in the case Monday by ending the national injunction. But the 9th circuit has kept the injunction alive within the territorial limits of the circuit, which encompasses California, Arizona, Alaska, Hawaii, Montana, Nevada, Idaho , Guam, Oregon and Washington.
The Supreme Court order was not a final decision on the merits of the policy, but allowed it to take effect nationwide while the case would end up in the lower courts.
TRUMP ADMIN ANNOUNCES HIGH DISTRIBUTION OF ASYLUM RECEIVERS AND WIDE-ANGLE FRAUD
President Trump tweeted that the decision was a "BIG victory of the US Supreme Court for the border on asylum!"
The administration had argued before the Supreme Court in a brief that if the national injunction had not been lifted, it would "seriously disrupt the orderly administration of a system of law enforcement". asylum already overloaded.
Judges Sonia Sotomayor and Ruth Bader Ginsburg were dissenting.
"Once again, the executive has issued a rule that aims to put an end to longstanding practices regarding refugees seeking shelter from persecution," wrote Sotomayor and Ginsburg.
The legal challenge to the new policy has a brief but somewhat convoluted history. US District Judge Jon Tigar, appointed by Obama in San Francisco, prevented the new policy from coming into effect at the end of July. A panel of three judges of the Court of Appeals of the 9th American Circuit has restricted Tigar's order so that it only applies in Arizona and California, states included in the 9th circuit.
This left the administration free to enforce the policy regarding asylum seekers arriving in New Mexico and Texas. On Monday, Tigar issued a new order reaffirming the control of asylum policy at the national level.
In his decision on Monday, Tigar stressed "the need to maintain a uniform immigration policy" and found that non-profit organizations such as Al Otro Lado do not know where asylum seekers who enter in the United States will eventually live and make sure that their case remains in the country.
President Trump disagreed with the judge 's decision and the idea of a single federal judge issuing injunctions at the national level in general – a phenomenon that exploded under his rule. administration.
"I think it's very unfair that he does it," Trump told the press at the time of his departure from the White House for a trip to North Carolina. "I do not think that should be allowed."
White House press secretary Stephanie Grisham said in a statement that a single judge should not be able to exercise such a broad impact on immigration policy .
Mexican officials and US border patrol boats fired a group of migrants from the Mexican side of the border last July (AP Photo / Salvador Gonzalez, File)
"This decision is a gift for human smugglers and traffickers and undermines legality," she said.
The court of appeal of the 9th circuit then narrowed its order Tuesday again by ordering an administrative suspension. The suspension blocked Tiger's command at the national level, but ruled that she could still take effect within the confines of the 9th circuit.
The action of the high courts leaves the administration free to impose the new policy everywhere while the case against it continues.
The Trump administration has reason to be optimistic now that the case is back in the 9th circuit. The San Francisco-based Court of Appeal has seven federal judges appointed by Trump, more than any other federal appeal court.
The radical transformation of the 29-seat court is largely the result of Trump's efforts to appoint conservative judges and circumvent traditional consultations with Senate Democrats.
CLICK HERE TO GET THE FOX NEWS APP
Thirteen of the 29 seats are now filled by GOP appointed judges. Last year this number was six.
"Thanks to Trump, the 9th Liberal circuit is no longer liberal," the Washington Post noted earlier this year.
This is a last-minute story. Please check again for updates. Shannon Bream of Fox News and the Associated Press contributed to this report.
[ad_2]
Source link