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Judge Jon S. Tigar, of the North American District Court of California, stated that the government had not demonstrated that the President's policy "is a legitimate exercise of the authority of power executive".
Justice Department lawyers had asked Tigar to lift its temporary prohibition order – issued on November 19 – during the course of the appeal proceedings.
But Tigar refused to do so, saying that the government had failed to convince him that legitimate asylum seekers would not suffer. "material injury" because of the new policy.
This decision comes after President Donald Trump denigrated last week in Tigar and announced that he would eventually take the case to the Supreme Court.
Earlier this month, Trump signed a proclamation that would have prevented most migrants who crossed the border illegally from applying for asylum.
The American Civil Liberties Union immediately sued the administration on behalf of asylum groups in California. Within 10 days of the President's proclamation, Tigar granted the ACLU's request for a temporary restraining order. Politics has since been in legal limbo.
"We are delighted that the district court continues to recognize the harm that will occur if this illegal policy comes into effect," said ACLU chief attorney Lee Gelernt in a statement Friday. .
The Department of Justice referred CNN. to a statement issued by Homeland Security Department spokeswoman Katie Waldman and Justice Department spokesman Steven Stafford following the release of the temporary blocking order, which states in part "Our asylum system is broken and tens of thousands of unfounded applications are being abandoned every day." As the Supreme Court said this summer, Congress has given the president broad powers to limit or even prevent foreigners entering the country. "
"Whatever the scope Tigar wrote that asylum seekers would be exposed to" increased risk of violence and other damage at the border "if the authority of the president was reiterated by the Immigration Act to impose a condition expressly prohibited by Congress. "
On behalf of the administration, lawyers from the Department of Justice argued that the court's injunction" directly undermined the President's determination that an immediate temporary suspension of entry between points of entry was necessary to remedy the current situation, a growing crisis facing our immigration system. "
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