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Chief Justice John Roberts sits on the side of the four Liberal Judges in Judgment 5-4
The Administration Policy, signed on November 9, would temporarily prohibit migrants who illegally cross into the United States through the southern border to seek asylum outside official entry points. A Californian federal judge quickly blocked the order and the US 9th circuit court of appeal agreed.
"It's a blow to the Trump administration, which sends at least five judges in agreement with the district to ban asylum to statutory authorities," said Steve Vladeck, Court Analyst. Supreme Court and Professor at the University of Texas Law School.
. A panel of 9th Circuit judges upheld the injunction in an opinion written by Judge Jay Bybee, jury candidate to George W. Bush.
Solicitor General Noel Francisco asked the Supreme Court to rule on settlements pending appeal as they were "designed to direct asylum seekers to ports of entry, where their claims can be handled in an orderly manner, deter dangerous and illegal border crossings, and reduce the backlog of unfounded asylum applications. "
He stated that, contrary to the jurisprudence of the court lower, immigration law allows the Attorney General and the Secretary of Homeland Security to exercise their discretion to deny asylum to a migrant illegally entered the country.
Francisco said that even if the judges decided not to lift the injunction, they should reduce the national injunction imposed by the lower court.
He also argued that the challengers did not legally have the right to present the case because they were lobbying groups and not individual strangers.
This story is unfolding and will be updated.
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