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Au Associated Press
SAN FRANCISCO – A US Court of Appeal divided last Friday refused to immediately authorize the Trump administration to impose a ban from asylum to any immigrant illegally crossed the US-Mexican border.
The ban is inconsistent with an existing US law and an end-of-round attempt around Congress, said a panel of the 9th US Federal Court of Appeal in a decision handed down on 2-1 .
"Just as we are often reminded, 'legislating from headquarters', neither the executive can legislate from the oval office," wrote Judge Jay Bybee of the 9th Circuit, Republican President's candidate George W. Bush
A United States Department of Justice Spokesperson Steven Stafford, did not have a comment, but he referred to an earlier statement that the asylum system was broken and stated that the department was eager to "continue to defend the government." legitimate exercise and well motivated executive power to deal with the cry on the southern border. "
This is President Trump's November 9 proclamation prohibiting anyone who has crossed the US-Mexico border between two official ports of entry from seeking asylum. Trump issued the proclamation in response to migrant caravans approaching the border
A lower court judge temporarily blocked the ban and then refused to reinstate it immediately. The administration appealed to the 9th Circuit to demand the immediate suspension of the temporary blocking order issued by Judge Jon Tigar on November 19
. on the southern border. "Nothing in the law cited by the majority quoted prevented a rule formally prohibiting asylum admissibility on the basis of the mode of entry of a person into the country, said Leavy, Republican President Ronald Reagan's candidate.
In his November 19 decision, Tigar said: with legal groups who have argued that the federal law makes it clear that immigrants to the United States can apply for tax. asylum, whether they entered legally or not.
The President "can not rewrite the immigration laws to impose a condition expressly prohibited by Congress", the judge
This decision has resulted in an unusual public dispute between Trump and Chief Justice John Roberts after Trump fired Tigar, nominated by Trump's predecessor, as "Obama judge."
Roberts responded with a statement that justice federal does not have "of j uges Obama or Trump, Bush or Clinton judges ".
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