• About Us
  • Who Are We
  • Work With Us
Saturday, February 4, 2023
No Result
View All Result
NEWSLETTER
The Globe Post
39 °f
New York
44 ° Fri
46 ° Sat
40 ° Sun
41 ° Mon
No Result
View All Result
The Globe Post
No Result
View All Result
Home National

US Federal Judge Blocks Trump Asylum Claim Restrictions

Staff Writer by Staff Writer
11/20/18
in National, Refugees
A family of asylum seekers heading towards the US-Canada border

Asylum seekers make their way towards the US-Canada border near Champlain, New York on August 6, 2017. Photo: Geoff Robins/AFP

Share on FacebookShare on Twitter

A U.S. federal judge on Monday temporarily blocked the government of President Donald Trump from denying the possibility of asylum to people who enter the country illegally.

Trump issued the proclamation earlier this month citing “national security” concerns, as a caravan of thousands of Central American migrants made its way through Mexico toward the U.S. border.

The order said that only those who enter the U.S. at official checkpoints — as opposed to sneaking across the border — can apply for asylum.

But U.S. District Judge Jon Tigar in San Francisco issued a temporary restraining order against the Trump proclamation, thus granting a request from human rights groups who had sued shortly after the order was announced.

Tigar wrote that the Immigration and Nationality Act of 1965 states that any foreigner who arrives in the U.S., “whether or not at a designated port of arrival,” may apply for asylum.

“The rule barring asylum for immigrants who enter the country outside a port of entry irreconcilably conflicts with the INA and the expressed intent of Congress,” Tigar wrote.

“Whatever the scope of the president’s authority, he may not rewrite the immigration laws to impose a condition that Congress has expressly forbidden,” Tigar added.

The judge’s restraining order remains in effect until the court decides on the case.

Trump’s administration has argued that he has the executive power to curb immigration in the name of national security — a power he invoked right after taking office last year with a controversial ban on travelers from several mostly Muslim countries.

The final version of the order was upheld by the U.S. Supreme Court on June 26 after a protracted legal battle.

The administration fired back after the ruling.

“Our asylum system is broken, and it is being abused by tens of thousands of meritless claims every year,” said a joint statement from the Justice Department and the Department of Homeland Security.

“We look forward to continuing to defend the executive branch’s legitimate and well-reasoned exercise of its authority to address the crisis at our southern border.”

????Late last night, a federal court temporarily blocked President Trump’s asylum ban as our challenge moves forward.

This ban is illegal and would put people’s lives in danger. Blocking it is a critical step in fighting the administration’s attacks on asylum seekers.

— ACLU (@ACLU) November 20, 2018

‘Unparalleled Abuse’

When the new policy was announced by the Department of Homeland Security on November 8, a senior administration official said it would address what he called the “historically unparalleled abuse of our immigration system” along the border with Mexico.

Administration officials say anyone who manages to get across can request asylum and subsequently often vanish while their case languishes in the court system.

“The vast majority of these applications eventually turn out to be non-meritorious,” a senior administration official said, asking not to be identified.

Less than 10 percent of cases result in asylum being granted, the government says.

Human rights campaigners and other critics of the Trump crackdown say that by restricting asylum seekers to border crossing points — which are already under enormous pressure — the government is effectively shutting the door on people who may truly be fleeing for their lives.

“The government cannot abdicate its responsibility towards migrants fleeing harm,” the New York Immigration Coalition advocacy group said.

But the administration official argued that “what we’re attempting to do is trying to funnel credible fear claims, or asylum claims, through the ports of entry where we are better resourced.”

That way, the official said, courts will “handle those claims in an expeditious and efficient manner, so that those who do actually require an asylum protection get those protections.”

In 2018, border patrols registered more than 400,000 illegal border crossers, according to the Department of Homeland Security. And in the last five years, the number of those requesting asylum has increased by 2,000 percent, it said.

Trump’s New Asylum Order Violates Laws, Experts Say

Share1Tweet
Staff Writer

Staff Writer

AFP with The Globe Post

Related Posts

Donald Trump
National

US Supreme Court Freezes Release of Trump Tax Returns

by Staff Writer
November 1, 2022
Donald Trump
National

US Capitol Riot Probe Votes to Subpoena Trump to Testify

by Staff Writer
October 13, 2022
Steve Bannon
National

Former Trump Advisor Bannon Charged With Fraud in New York

by Staff Writer
September 8, 2022
US President Donald Trump
Opinion

Donald Trump Thanks You for Your Sacrifice

by Stephen J. Lyons
August 17, 2022
Mar-A-Lago raid
National

FBI Raid on Trump’s Home Ignites Political Firestorm

by Staff Writer
August 9, 2022
US President Donald Trump
Opinion

Owning the Words and the Libs

by Stephen J. Lyons
June 16, 2022
Next Post
US President Donald Trump.

Trump: US to Keep 'Steadfast' Partnership With Saudis Despite Khashoggi Murder

Trump and Rouhani

US Sanctions Iranian Pharmaceutical Company for Selling Oil to Syria

Recommended

Protesters rally against the fatal police assault of Tyre Nichols, outside of the Coleman A. Young Municipal Center in Detroit, Michigan, on January 27, 2023

How Do Violent ‘Monsters’ Take Root?

February 3, 2023
A supporter of nurses' strike and NHS holds a placard

UK Faces Fresh Mass Strikes as Wage Talks Derail

February 1, 2023
Israeli security forces in Jerusalem

Palestinian Gunman Kills 7 in East Jerusalem Synagogue Attack

January 30, 2023
The Doomsday Clock reads 100 seconds to midnight, a decision made by The Bulletin of Atomic Scientists, during an announcement at the National Press Club in Washington, DC on January 23, 2020

‘Doomsday Clock’ Moves Closest Ever to Midnight

January 25, 2023
Police work near the scene of a mass shooting in Monterey Park, California

California Lunar New Year Mass Shooter Dead, Motive Unclear: Police

January 23, 2023
New Zealand Prime Minister Jacinda Ardern

Race on To Replace Ardern as New Zealand Prime Minister

January 20, 2023

Opinion

Protesters rally against the fatal police assault of Tyre Nichols, outside of the Coleman A. Young Municipal Center in Detroit, Michigan, on January 27, 2023

How Do Violent ‘Monsters’ Take Root?

February 3, 2023
George Santos from the 3rd Congressional district of New York

George Santos for Speaker!

January 16, 2023
Commuters waiting for buses in Metro Manila. Philippines

Eight Billion and Counting…

November 29, 2022
Mahsa Amini protests

Imagining a Free Iran

October 24, 2022
Vladimir Putin

How 18th Century International Law Clarifies the Situation in Ukraine

September 29, 2022
Vladimir Putin

Falling for Putin

September 15, 2022
Facebook Twitter

Newsletter

Do you like our reporting?
SUBSCRIBE

About Us

The Globe Post

The Globe Post is part of Globe Post Media, a U.S. digital news organization that is publishing the world's best targeted news sites.

submit oped

© 2018 The Globe Post

No Result
View All Result
  • National
  • World
  • Business
  • Interviews
  • Lifestyle
  • Democracy at Risk
    • Media Freedom
  • Opinion
    • Editorials
    • Columns
    • Book Reviews
    • Stage
  • Submit Op-ed

© 2018 The Globe Post