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Civil rights groups will urge a US judge on Monday to temporarily suspend an order by President Donald Trump banning asylum for migrants who cross the Mexican border illegally.
Migrants queue for food in front of an improvised shelter where other migrants seek refuge before seeking asylum in the United States in Tijuana, Mexico on November 16, 2018. REUTERS / Claudia Daut
The groups claimed in court documents that Trump's 9 November order violated administrative law and immigration law.
US District Judge Jon Tigar in San Francisco Meets Hearings as Thousands of Central Americans, Including Large Numbers of Children, Travel in Caravans to the US Border to Escape Violence and Poverty at their home. Some have already arrived in Tijuana, a Mexican city on the border with California.
Trump cited an overburdened immigration system for his proclamation that officials will only handle asylum applications from migrants who come to an official point of entry.
Immigration advocates said that the order was clearly in conflict with the law on immigration and nationality, which allows anyone present in the United States to apply for asylum regardless of how she entered the country.
The groups also argued that the administration had breached the requirement to provide a deadline for public comment before the decision came into effect.
Monday's decision is likely to be procedural and restore previous asylum rules, while human rights groups have argued for a preliminary injunction at a future hearing.
The lawsuit was filed by the American Civil Liberties Union, the Southern Poverty Law Center and the Center for Constitutional Rights.
Tigar has been appointed to court by President Barack Obama.
Rights groups said that immigrants were forced to wait days or weeks at the border before they could go to the asylum, and that the administration was prosecuted for having deliberately slowed processing times at official ports.
Trailer participants began arriving last week in Tijuana, on the Mexican side of the US border, which has put a strain on humanitarian shelters, where many will wait to seek asylum. Their presence also put a strain on Tijuana's reputation as a welcoming city, with some residents shouting after the migrants, "Get out!"
Trump has sent more than 5,000 troops to Mexico's border with Mexico (3,100 km) to toughen the border, although critics described the move as a political coup on the eve of congressional elections on Nov. 6. .
Tom Hals report to Wilmington, Delaware; Edited by Leslie Adler