Judge bars US from enforcing Trump asylum ban

[Right_in_Virginia]

Judge bars US from enforcing Trump asylum ban
ABC News, Nov 20, 2018, Associated Press

A federal judge barred the Trump administration from refusing asylum to immigrants who cross the southern border illegally.

President Donald Trump issued a proclamation on Nov. 9 that said anyone who crossed the southern border between official ports of entry would be ineligible for asylum. As the first of several caravans of migrants have started arriving at the U.S.-Mexico border, Trump said an asylum ban was necessary to stop what he's attacked as a national security threat.

But in his ruling Monday, U.S. District Judge Jon Tigar agreed with legal groups that immediately sued, arguing that U.S. immigration law clearly allows someone to seek asylum even if they enter the country between official ports of entry.

Whatever the scope of the President's authority, he may not rewrite the immigration laws to impose a condition that Congress has expressly forbidden," said Tigar, a nominee of former President Barack Obama.


More:  https://abcnews.go.com/Politics/wireStory/judge-bars-us-enforcing-trump-asylum-ban-59309545

[240B]

Why not get rid of the Office of the President and Congress altogether? They don't mean anything anyway. Any Judge can simply say, 'Nope, not going to happen. You have to do it MY way!'

The bigger question is, who controls the Judges? They have evolved into demigods, who can override anything and can do whatever the hell they feel like on any given day.

Trump has to stop caving to this nonsense. He should just ignore it. The Judge has no power to do anything to him if Trump would just get the balls to tell them to Back the F**k Off! Get out of my job! Get out of my life!

[Elderberry]

https://www.newsweek.com/obama-appointed-federal-judge-just-blocked-trumps-illegal-asylum-ban-1223816

Tigar, who was nominated to the court by former President Barack Obama in 2012, however, said in his ruling that Congress had clearly mandated that all immigrants should be eligible to apply for asylum regardless of how they arrived in the U.S.

"Congress has clearly commanded that immigrants be eligible for asylum regardless of where they enter," the judge said.

"Whatever the scope of the president's authority may be, he may not rewrite the immigration laws to impose a condition that Congress has expressly forbidden," Tigar said.

The judge said that the Trump administration's ban went against "basic separation of powers principles" in the U.S., which "dictate that an agency may not promulgate a rule or regulation that renders Congress's words a nullity."

[Oceander]

Why not get rid of the Office of the President and Congress altogether? They don't mean anything anyway. Any Judge can simply say, 'Nope, not going to happen. You have to do it MY way!'

The bigger question is, who controls the Judges? They have evolved into demigods, who can override anything and can do whatever the hell they feel like on any given day.

Trump has to stop caving to this nonsense. He should just ignore it. The Judge has no power to do anything to him if Trump would just get the balls to tell them to Back the F**k Off! Get out of my job! Get out of my life!

Maybe the president should try following the law as enacted by Congress, first.

The judge is correct here.  When the president is wrong on the law, it is emphatically the duty of a judge to reverse the president. 

Here is the blurb on asylum law from the USCIS website itself:

Versión en español
Obtaining Asylum in the United States
The two ways of obtaining asylum in the United States are through the affirmative process and defensive process.

Close All   Open All
Affirmative Asylum Processing with USCIS
To obtain asylum through the affirmative asylum process you must be physically present in the United States. You may apply for asylum status regardless of how you arrived in the United States or your current immigration status.

Note the bit about how you can apply regardless of how you arrived in the US.

[240B]

In this case, you guys seem to right. I'm just amazed that Trump and his attorneys, if he had them review this policy, could miss such a glaring contradiction. I simply don't understand that?

My reaction was simply out of habit. It seems that almost every single thing that Trump does some Judge somewhere will rule against it based on nothing but their own personal opinion. But in this case, it looks like the Judge was correct.

[Cyber Liberty]

U.S. District Judge Jon Tigar is Ninth Circus.  I'm surprised they didn't get a Judge from HI to rule on this.

[Cyber Liberty]

Maybe the president should try following the law as enacted by Congress, first.

The judge is correct here.  When the president is wrong on the law, it is emphatically the duty of a judge to reverse the president. 

Here is the blurb on asylum law from the USCIS website itself:

Note the bit about how you can apply regardless of how you arrived in the US.

I see your point here, and it's a good one.  That said, I sure do miss the Days of Olde where decisions were limited to the individual Judges' jurisdictions.  At the moment, there are hundreds of Veto pens standing by whenever the President signs a piece of paper. 

[sneakypete]

The judge is an Obomber appointee who was born into a wealthy family in England.

Big surprise,huh?

BTW,WHY are we allowing foreign-born people to become US judges?

[Bigun]

The President should simply tell this "Judge" that his opinion is noted and move on with the policy.

[Wingnut]

BTW,WHY are we allowing foreign-born people to become US judges?

Well we let one become president. The guy that appointed him so there is that.

[GrouchoTex]

Maybe the president should try following the law as enacted by Congress, first.

The judge is correct here.  When the president is wrong on the law, it is emphatically the duty of a judge to reverse the president. 

Here is the blurb on asylum law from the USCIS website itself:

Note the bit about how you can apply regardless of how you arrived in the US.

I admit, I had been under the false impression that applications for sanctuary had to be made at an embassy or a port of entry.
It is stunning to me that the Executive branch of the Federal Government did not know this, or did they?
Either way, be it ignorance or deception, this not a good look.
This is troubling to me.

[XenaLee]

Why not get rid of the Office of the President and Congress altogether? They don't mean anything anyway. Any Judge can simply say, 'Nope, not going to happen. You have to do it MY way!'

The bigger question is, who controls the Judges? They have evolved into demigods, who can override anything and can do whatever the hell they feel like on any given day.

Trump has to stop caving to this nonsense. He should just ignore it. The Judge has no power to do anything to him if Trump would just get the balls to tell them to Back the F**k Off! Get out of my job! Get out of my life!

Or.... better yet.... why not just get a different federal judge to over-rule what this federal judge has to say.  Use the legal game against the left like they've been using it against Trump.  Fair is fair.  Meanwhile.... Trump can order enforcement of his ban while the issue is "tied up in the courts", even if he has to do it via Executive Order.

[skeeter]

I admit, I had been under the false impression that applications for sanctuary had to be made at an embassy or a port of entry.
It is stunning to me that the Executive branch of the Federal Government did not know this, or did they?
Either way, be it ignorance or deception, this not a good look.
This is troubling to me.

I doubt very much the administration believed they'd be subject to the same limitations that, say, the Obama administration was with regard to the issue of immigration.

I assume this is their way of getting legal clarification from SCOTUS.

[Hoodat]

But in his ruling Monday, U.S. District Judge Jon Tigar agreed with legal groups that immediately sued, arguing that U.S. immigration law clearly allows someone to seek asylum even if they enter the country between official ports of entry.

Lawlessness continues unabated in this country.  And our judges uphold it.

[Blizzardnh]

The President should simply tell this "Judge" that his opinion is noted and move on with the policy.

thats why they call them opinions 

[Hoodat]

I admit, I had been under the false impression that applications for sanctuary had to be made at an embassy or a port of entry.
It is stunning to me that the Executive branch of the Federal Government did not know this, or did they?

You might want to read it again:

(1) In general

Any alien who is physically present in the United States or who arrives in the United States (whether or not at a designated port of arrival and including an alien who is brought to the United States after having been interdicted in international or United States waters), irrespective of such alien’s status, may apply for asylum in accordance with this section or, where applicable, section 1225(b) of this title.

(2) Exceptions

(A) Safe third country

Paragraph (1) shall not apply to an alien if the Attorney General determines that the alien may be removed, pursuant to a bilateral or multilateral agreement, to a country (other than the country of the alien’s nationality or, in the case of an alien having no nationality, the country of the alien’s last habitual residence) in which the alien’s life or freedom would not be threatened on account of race, religion, nationality, membership in a particular social group, or political opinion, and where the alien would have access to a full and fair procedure for determining a claim to asylum or equivalent temporary protection, unless the Attorney General finds that it is in the public interest for the alien to receive asylum in the United States.

US Code §1158

[GrouchoTex]

You might want to read it again:

US Code §1158

Thank you.
I was hoping something may be missing here.
You found it.

[dfwgator]

I admit, I had been under the false impression that applications for sanctuary had to be made at an embassy or a port of entry.
 

Maybe that's Trump's ultimate goal, to get the law changed so that is the case.

[Bigun]

thats why they call them opinions 

@Blizzardnh

We Kew that once but it seems to have been forgotten nowadays.

[XenaLee]

You might want to read it again:

US Code §1158

I would think that that law only applies if or when the "applicant" comes to the US while NOT in the company of 500 criminals, terrorists and/or other fake asylum seeking invaders.  This is an invasion and therefore, laws written in good faith to help real asylum seekers should not be considered. 

[mrclose]

This is the law:

“Whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate.”

8 U.S.C. §1182(f) of United States Code

From: The Immigration and Nationality Act of 1952.

The Act was vetoed by Truman.

Truman's veto was overturned by more than a two thirds vote in the House and Senate.

The INA Act is still the law of the land.

[Oceander]

This is the law:

“Whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate.”

8 U.S.C. §1182(f) of United States Code

From: The Immigration and Nationality Act of 1952.

The Act was vetoed by Truman.

Truman's veto was overturned by more than a two thirds vote in the House and Senate.

The INA Act is still the law of the land.

That deals with entry, not application for asylum.  Two very different things.

[Oceander]

You might want to read it again:

US Code §1158

So, where is the determination of the Attorney General?  All that appears to exist is a proclamation from the president.

[Elderberry]

You might want to read it again:
Paragraph (1) shall not apply to an alien if the Attorney General determines that the alien may be removed, pursuant to a bilateral or multilateral agreement, to a country (other than the country of the alien’s nationality---
US Code §1158

So which country can we convince to agree to take the asylum seekers off our hands?

[Hoodat]

So which country can we convince to agree to take the asylum seekers off our hands?

The same country they crossed over from.

the country of the alien’s last habitual residence) in which the alien’s life or freedom would not be threatened on account of race, religion, nationality, membership in a particular social group, or political opinion, and where the alien would have access to a full and fair procedure for determining a claim to asylum or equivalent temporary protection