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After lengthy and fierce comments to reporters in front of the White House on Tuesday, President Trump described the seemingly "nonsensical" ninth Circuit Appeals Court as "shameful" after a federal judge appointed by President Obama had issued a national injunction against his announced new emergency restrictions. on asylum applications.
The president promised to act immediately 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 individual federal judges imposing unilateral judgments on executive policy, which has already happened more than two dozen times under the Trump government. The president notably cited the Ninth Circuit's injunction against its ban on traveling from several Muslim-majority countries, a decision that was ultimately ruled as a constitutional exercise of presidential authority by the Supreme Court.
"You're going 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, a deal in the ninth circuit," Trump said. "Every case that is filed in the ninth circuit and then we have to finally go to the Supreme Court – as the ban on traveling – and we won."
US District Judge Jon S. Tigar, who was named by President Obama in 2012 in California's Northern District District Court, issued a temporary restraining order on Monday to deny Trump's plan to deny him the right to do so. asylum for immigrants who illegally cross the southern border. they do not arrive at a point of entry.
"You can not win, if you are us, an affair in the ninth circuit."
"Whatever the extent of the president's authority, he can rewrite the immigration laws to impose a condition expressly prohibited by Congress," wrote Tiger.
Trump attacked Tiger on Tuesday in his comments and predicted that he would win an appeal in the Supreme Court, where conservatives hold a slim majority. Republicans argued that presidents had full authority over immigration and that they could close the southern border with Mexico for reasons of national security if they wished.
"It was an Obama judge, and I'll tell you what, it's not going to happen like this anymore," Trump said. "All those who want to sue the United States, they classify their cause in the ninth circuit, which automatically leads to a loss, no matter what you do, whatever the quality of your cause." And the ninth circuit is really something we need to take a look at, because it's not fair. "
He added: "People should not be allowed to go immediately on this very friendly circuit to file their case.It is a shame, in my opinion, what happens with the ninth circuit. case before the United States Supreme Court. "
Protesters whose placards say in Spanish: "More caravans" and "Save Tijuana, no caravans" stand under a statue of the Aztec indigenous ruler Cuauhtemoc to protest the presence of thousands of Central American migrants in Tijuana, Mexico, the Sunday.
(AP)
During its confirmation hearings earlier this year, Louisiana Republican Justice John Kennedy interviewed Justice Brett Kavanaugh of the Supreme Court on the constitutionality of certain federal judges issuing national injunctions against presidential actions, a phenomenon which drew the attention of district court judges unilaterally halted the temporary ban on Trump's travel and other initiatives. Kavanaugh protested, saying that he could not discuss issues pending before the Supreme Court. (Justice Clarence Thomas warned against legal action against the injunctions this year.)
By the way, former Attorney General Jeff Sessions said in October that the 28 federal injunctions issued nationwide by judges under the Trump administration were up to now a "judicial encroachment". " unprecedented.
WATCH: THE MIGRANT CARAVAN RACLES WITH THE RESIDENTS OF THE TIJUANA
"The courts are in no way obliged to manage the government or to rule on any policy measures taken by the executive," said Sessions. "In the first 175 years of this Republic, no judge has made any of these orders."
Trump's new asylum policy was aimed at preventing many members of the Central American migrant caravans – many of whom arrived at the US border and clashed with residents of Mexican border towns – who were in trouble. illegally invading the United States. at legal crossing points for quick and orderly asylum checks.
Central American migrants, members of the Central American caravan who are trying to reach the United States, continue their journey as they prepare to leave Mexicali (Mexico), the United States. Tuesday, November 20, 2018. Tension has settled as nearly 3,000 migrants from the caravan have dumped in Tijuana. in recent days, after more than a month of road and with many more months in front of them when they ask for asylum in the United States (AP Photo / Rodrigo Abd)
Homeland Security and the Justice Department said in a joint statement that the Supreme Court had already shown that the president had a legal right to restrict asylum.
"Our asylum system is broken and tens of thousands of unfounded claims are inflicted on it every year," said the departments. "We look forward to continuing to defend the legitimate and well-motivated exercise of executive power in managing the crisis on the southern border."
WATCH: TUCKER CARLSON discusses why a migrant caravan receives a hostile reception at TIJUANA
About 3,000 people from the first caravans arrived in Tijuana, Mexico, on the other side of the San Diego-California border. US Customs and Border Protection authorities announced on Monday that they had closed traffic to the north for several hours at the San Ysidro terminal in order to install removable barriers surmounted by cables, after migrants had planned to rush into the traffic lanes.
Central American migrants, members of the Central American caravan who are trying to reach the United States, continue their journey after leaving Mexicali (Mexico) on Tuesday, November 20, 2018. The Tension increased as nearly 3,000 caravan migrants dumped in Tijuana in recent years. days after more than a month on the road and with many more months in front of them when they ask for asylum in the United States (AP Photo / Rodrigo Abd)
On Monday, the Department of Homeland Security announced that it had fired 107 people at the US Citizenship and Immigration Services, people who had been seeking asylum between official passages since then. The entry into force of Trump's decision. The officials did not say whether the cases of these people were still progressing through other more difficult routes left to them after the proclamation.
A MIGRANT CARAVAN JUST OUTSIDE OF THE UNITED STATES HARBORS AT LEAST 500 CRIMINALS, DHS SAHS, CARAVAN CAR RUNNING MEXICAN PREMISES
Officials said that the changes to the asylum law were aimed at channeling migrants to official border posts so that they could decide quickly instead of letting them go. try to get around the border, which extends for nearly 300 km.
The asylum clause of the Immigration and Nationality Act states that any person who arrives in the United States may seek asylum on the basis of a well-founded fear of persecution, regardless of his or her place of residence. arrival. Tigar said Trump's policy categorically contradicts this law passed by Congress.
The legal standard for obtaining asylum in the United States is stringent and generally requires foreign nationals to demonstrate that they are exposed to serious and legitimate risks of persecution by their government if they remain in their country.
Central American migrants are looking across the border structure and waiting for an illegal passage in the United States, seen from the Mexican side where the border meets the Pacific Ocean on Friday, November 16, 2018. While thousands of asylum seeker migrants are converging on the United States' doorstep, what they will not find is armed American soldiers who stand guard, that is because that it is forbidden for American military troops to perform their duties of law enforcement. (AP Photo / Marco Ugarte)
All forms of persecution are not relevant for the examination of asylum. Under the federal law, applicants must demonstrate that their risk of persecution is based on their national origin, race, religion, political opinion or affiliation to a particularly vulnerable social class – a category that was expanded in 2014 when the BIA ruled that domestic violence could be the basis of an asylum claim.
Earlier this year, Sessions used its authority as Chief of the Asylum Courts to decide that domestic violence and gang-related attacks can no longer be the basis of an asylum claim.
TRUMP DOJ SHARPLY LIMITS LIMITLY ASYLUM CLAIMS, SAYS THE SYSTEM IS FOUND FOR FRAUD
Declaring that its decision "reinstated sound principles of asylum and long-standing principles of immigration law", the sessions indicated that this decision would help reduce the backlog of claims. Asylum has increased sharply in recent years – many of them being illegitimate.
"The vast majority of current asylum applications are not valid," said Sessions in a speech this summer. "In the last five years, only 20% of applications have been found to be well-founded after a hearing before an immigration judge."
The sessions added that the system is simply overwhelmed with claims and that fake applications are squeezing out legitimate applications.
Edmund DeMarche (Fox News) and the Associated Press contributed to this report.
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