Supreme Court deals Trump another immigration setback

April FrancisDec 24, 2018

The 5-4 ruling saw Justice Brett Kavanaugh and three other conservative judges agreeing with the Trump administration.

Trump has said he was acting in response to caravans of migrants making their way to the border.

KEVIN DIETSCH/UPI/NewscomThe Supreme Court of the United States has rejected President Trump's latest attempt to control migration into the country.

"The Supreme Court doesn't like to be rushed, and Chief Justice Roberts in particular doesn't like to be rushed", said Toobin.

Tigar's ruling prompted Trump to call the jurist an "Obama judge" and blast the 9th Circuit in general as a "disgrace".

Evidence in the case, it said, showed that those "fleeing persecution are desperate and often unsophisticated, have no understanding of the option to apply for asylum at a port, are forced by gangs and others to enter away from designated ports of entry, or can not realistically travel to such ports because of danger and distance".

"Just as we may not, as we are often reminded, 'legislate from the bench, ' neither may the executive legislate from the Oval Office", Judge Jay Bybee, a conservative appointee of President George W. Bush, wrote for the appeals court majority.

Chief Justice John Roberts joined his four more liberal colleagues Friday in ruling against the administration in the very case in which President Donald Trump had derided the "Obama judge" who first blocked the asylum policy.

U.S. Supreme Court rejects Trump bid to enforce new asylum rules
US Supreme Court Smacks Down Trump Attempt to Stop Asylum-Seekers at the Border

In November, Trump signed a proclamation saying only migrants who present themselves to official ports of entry along the Southwest border can claim asylum.

Current federal law says that anyone can request asylum "whether or not at a designated port of arrival" and "irrespective of such alien's status".

"For nearly 40 years, Congress has not disturbed the fundamental rule that an individual fleeing persecution can apply for asylum between ports, even when the number of apprehensions between ports was significantly higher", the groups argued.

ACLU attorney Lee Gelernt said the ruling "will save lives and keep vulnerable families and children from persecution". Today the justices turned down the government's request, which means that the government will not be able to enforce its new policy on asylum while the government appeals to the U.S. Court of Appeals for the 9th Circuit and, if it comes to that, the Supreme Court.

"We are pleased the court refused to allow the administration to short-circuit the usual appellate process", he said.

The judge's order against the asylum policy was one of two recent setbacks in federal court for the Trump Administration as it sought to deal with legal issues over asylum as part of its efforts to impose new controls on entry across the U.S. -Mexico border.

Although the legal fight isn't over, the high court rebuff of Trump's request to block the order suggests skepticism about the administration's legal case.

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