[ad_1]
The Trump administration officially asked the Supreme Court on Tuesday to block a new national ban on the administration's new asylum policy, introduced unilaterally by a judge of the ninth circuit of the Court of Appeal last month. .
A few days before the mid-term elections, Trump had vowed to fire all asylum seekers who were attempting to cross the border illegally instead of presenting themselves properly at the points of entry.
The president, who has long said that the asylum process was tainted by fraud. , Said the emergency policy was needed as the main caravan of migrants from Central America approached the US border with Mexico.
However, US District Judge Jon S. Tigar, nominated by President Obama in 2012 in the US District North District of California District Court, issued a temporary restraining order two weeks later that has put an end to the plan.
Last week, a separate federal appeal court in San Francisco declared that the White House ban was inconsistent with federal law and represented an end-of-reign attempt around Congress.
But, the Trump government said in court papers filed Tuesday that the national decree banning the application of the policy "is deeply flawed" and should be lifted pending an appeal may to reach the High Court.
Trump's proclamation was one of the measures "to send asylum-seekers to points of entry, where their claims can be handled in an orderly manner, to deter illegal and dangerous border crossings, and reduce the backlog of unfounded asylum applications, "said Solicitor General Noel Francisco before the Supreme Court.
The heart of the legal argument of the Trump Department of Justice is that the federal law on asylum does not prevent the action of the White House.
Federal law states that people who arrive in the United States "may apply for asylum", regardless of whether they arrive "at a designated point of arrival," says the Trump administration . The law on asylum also states that some people who are legally able to apply for asylum are categorically ineligible.
ENHANCED FRAUD, A TRUTH ADMIN ROLLS BACK A DRAGATIC EXPANSION OF OBAMA-ERA ASYLUM RIGHTS
"Asylum is a discretionary benefit to which no foreigner is never titled, "said the filing. He then describes the situation on the southern border as a "persistent crisis".
The federal law on asylum is strict and plaintiffs usually have to face the heavy burden of proving that they would suffer a particular form of persecution on the basis of a limited number of features protected, such as political conviction or race. Earlier this year, the Attorney General of the day, Jeff Sessions, had used his authority to de facto preside over the asylum seekers' courts in order to nullify the extension of the protections of 39, the asylum of the Obama era, which allowed people to seek asylum because of domestic violence or gang-related violence. [19659003] The administration also claimed that it was engaged in "delicate" negotiations with Mexico regarding border security and that the courts should stay out of the foreign policy negotiations of the executive for reasons of separation of powers.
The Trump Ministry of Justice also asserted that the plaintiffs are legal organizations and pro-asylum groups that do not have the power to challenge the administration's policy because They have not suffered any legally recognizable damage under the President's policy. According to the administration, it is not enough to spend resources on behalf of others, on behalf of others, to confer organizational status.
TRUMP CONDEMNS THE NINTH CIRCUIT, CALLING A RUBBER BUFFER FOR ITS FOOD [1965900] Lee Gelernt, a lawyer of the American Civil Liberties Union representing immigrant advocacy groups disputing the politics of politics. Asylum, said: "The Trump administration is asking the Supreme Court to bypass the normal court process and restore a manifestly illegal policy."
Elena Kagan, who handles emergency calls from California and other western states, called on opponents of asylum policy to respond no later than Monday at noon.
In his first court decision, Tigar declared November 19 that US law allows it. immigrants to apply for asylum, whether or not they have legally entered the country.
The president "can not rewrite immigration laws to impose a condition banned in the press," said the judge in his order.
This decision pushed Trump to be criticized as an "Obama judge" and led to an unusual public dispute between Trump and Chief Justice John Roberts, who reprimanded the president with a statement in defense. the independence of the judiciary.
In long, inflamed comments to reporters outside the White House, just hours after Tigar's decision, Trump dismissed the Ninth Circuit's appeal court, saying that he was not going to be able to do so. liberal appearance, like a "shame".
The President promises immediate action and said that he "was going to file a major complaint" about the San Francisco-based Court of Appeal, without giving further details.
He also widely criticized the increasingly common practice of federal judges imposing unilateral judgments on executive power politics, which happened more than two dozen times under the Trump administration. . More than a hundred years after the creation of America, these national injunctions were virtually unknown.
The President cites in particular the Ninth Circuit's injunction barring his trip to several Muslim-majority nations, which was ultimately ruled as a constitutional exercise of presidential authority. by the Supreme Court.
"You go to the ninth circuit and it's a shame, and I'm going to file a major complaint because you can not win, if you're us, an affair in the ninth circuit," Trump said. "Every case is ranked in the ninth circuit, we are beaten, then we have to go to the Supreme Court – like a travel ban – and we have won, and we will have to look at it in more detail."
adds: "It's not the law.It's not what this country stands for."
By forgiving Turkey's national Thanksgiving earlier in the day, Trump joked: "I unfortunately can not guarantee that your forgiveness will not be ordered by the ninth circuit, this always happens. "
The Associated Press contributed to this report.
Source link
