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A US court appeals divided Friday night refused to immediately authorize the Trump administration to impose a ban on asylum to all immigrants who illegally crossed the US-Mexican border.
Congress, a panel of the 9th Circuit Court of Appeals of the United States stated in a decision of 2 to 1.
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"We can not, as we are often recalls, "legislating from the bench" that the executive legislates from the oval office, "wrote for the majority Judge Jay Bybee of the 9th Circuit, Republican President George W. Bush's candidate.
US Department of Justice spokesman Steven Stafford did not comment. he referred to a previous statement that the asylum system was broken and the Ministry was looking forward to "continuing to defend the legitimate and well-motivated exercise of executive power in the resolution of the crisis at the southern border ".
President Donald Trump's November 9 proclamation banning anyone crossing the US-Mexico border from entering the formal entry points of asylum seekers. Trump issued the proclamation in response to migrant caravans approaching the border
A lower court judge temporarily blocked the ban and subsequently refused to reinstate it immediately . The administration appealed to the 9th Circuit to demand the immediate suspension of the interim blocking decision pronounced by Judge Jon Tigar on 19 November.
on the southern border. "Nothing in the law cited by the majority prevented a rule formally prohibiting asylum admissibility on the basis of the entry of a person into the country," he said. Leavy, Republican President Ronald Reagan's Candidate
Tigar stands on the side of legal groups who argue that the federal law clearly states that immigrants to the United States can apply for asylum, that they have entered legally or not,
expressly prohibits, "said the judge in his order.
This decision resulted in an unusual public dispute between Trump and Chief Justice John Roberts after his dismissal from Tig. ar – a person named by Trump's predecessor – as "Obama judge".
Roberts responds by stating that the federal judiciary does not have "Obama judges or Trump, Bush or Clinton judges".
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