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 Appeals – long a liberal stronghold aggressively transformed into a more moderate court by the Trump administration – gave the White House a partial victory in Monday's case by putting end to 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 the latter to take effect nationwide, including in the 9th circuit, while the case was referred to the lower courts.
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President Trump tweeted that the decision was a "BIG victory of the US Supreme Court for the border on asylum!" The administration argued Tuesday in a memorial to the Supreme Court that, unless the national injunction is lifted, it "would seriously disrupt the orderly administration of an already overburdened asylum system".
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.
They added that they were disappointed that the majority did not show "restraint" and intervened in the place of the trial court until the case was fully resolved.
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.
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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 nationwide, citing new evidence.
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 .
"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 Monday again by ordering an administrative suspension. The action of the high courts leaves the administration free to impose the new policy everywhere while the case against it continues.
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The rules enacted by the Trump administration in July apply to most migrants transiting through another country before reaching the United States. They are targeting tens of thousands of Central Americans fleeing the violence and poverty, who cross Mexico every month to seek asylum and who would affect asylum seekers from Africa, Africa, and Africa. 39, Asia and South America who regularly arrive at the southern border.
The change has reversed decades of US policy in what Trump administration officials have said is an attempt to bridge the gap between the first asylum screening that most people go through and a final decision on how to deal with it. asylum that most people do not win.
American law allows refugees to apply for asylum when they arrive in the United States, no matter how they arrive or go through. The crucial exception concerns people who have crossed a country considered "safe", but the law is vague about how a country is determined to be safe. It is said under a bilateral or multilateral agreement.
In the United States, citizens are generally entitled to asylum if they sincerely fear returning to their country of origin because they would be personally persecuted because of their race, religion, nationality or nationality. belonging to a given social group.
However, the vast majority of asylum applications are denied and the administration stated that the system was abusively used to provide economic and humanitarian assistance while it was intended to be used in limited and extraordinary cases.
Asylum applications have seen a sharp increase since 2010, and more than 800,000 cases are pending in immigration courts. Most asylum applications often do not meet this high legal standard after their review by judges of asylum applications and only about 20% of applicants are approved.
The border patrol apprehended about 50,000 people on the southern border in August, a 30% drop in arrests from July, due to the summer heat and aggressive repression on both sides of the border. deter migrants. The decline was larger than it was at the same time last year, however, according to what officials called a clear sign that its recent agreement with Mexico to fight illegal immigration was working.
The 64,006 migrants arrested or found to be inadmissible represent a 22% drop from 82,055 in July and a 56% decrease from the peak of the crisis in May, when more than 144,000 migrants were captured or deemed inadmissible. Although the numbers generally fall in the summer, the plummet is steeper than the usual seasonal declines.
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.
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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.
Shannon Bream of Fox News and the Associated Press contributed to this report.