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HOUSTON – A federal judge on Monday banned the Trump administration from denying asylum to immigrants illegally crossing the southern border.
US District Judge Jon S. Tigar issued a temporary restraining order after hearing arguments in San Francisco. The request was made by the American Civil Liberties Union and the Center for Constitutional Rights, who promptly prosecuted after President Donald Trump banned this month in response to migrant caravans that began arriving at the US-Mexican border.
On November 9, Trump issued a proclamation that anyone who crossed the southern border could not claim asylum. The settlement, which will remain in effect for three months in the absence of a court order, could possibly complicate the task of the thousands of people entering the United States in order to avoid deportation.
"People have the right to asylum if they cross entry points," said Baher Azmy, a lawyer with the Center for Constitutional Rights. "It could not be clearer."
In recent years, tens of thousands of immigrants have appeared each year in the Arizona desert or on the north shore of Rio Grande Texas, surrendered to immigration officers and asked for asylum. The Department of Homeland Security estimates that about 70,000 people a year seek asylum between official entry points.
Trump said recent caravans pose a threat to national security.
About 3,000 people from the first caravans arrived in Tijuana, Mexico, on the other side of the San Diego-California border. The US Customs and Border Protection Service announced Monday that it had closed the traffic north for several hours at the San Ysidro crossing point. He also installed movable wire barriers, apparently to prevent a possible mass wave.
As of Monday, 107 people arrested between two official crossing points have been seeking asylum since the entry into force of the Trump order, according to DHS, which oversees the customs and security services. border protection. Officials did not say whether the individuals' files were still progressing through other channels left after the proclamation.
DHS said it wanted asylum seekers on the southern border to show up at an official border crossing. But many border crossings such as San Ysidro already have long delays. People are often forced to wait in shelters or outdoor camps on the Mexican side, sometimes for weeks.
Lee Gelernt, an ACLU lawyer, said some asylum seekers were crossing official ports because "they were in real danger", either in their home country or in Mexico.
"We do not tolerate people entering between entry points, but Congress has decided that, where appropriate, they should still be allowed to apply for asylum," he said.
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The Associated Press reporters, Jill Colvin and Colleen Long in Washington, contributed to this report.
Copyright 2018 The Associated Press. All rights reserved. This material may not be published, disseminated, rewritten or redistributed.
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