Appeal on asylum ruling will be filed

Arturo Kim
November 23, 2018

Tigar wanted to know how many migrants would have been "granted asylum under existing law but who would have been denied asylum under the new rule", and whether there is a correlation between weak asylum cases and non-port of entry crossings that justifies the new rule.

Trump lawsuit will challenge the proclamation that requires asylum seekers enter through officials ports of entry. He says: "Every suit that gets filed in the 9th Circuit, we get beaten". No matter what you do, no matter how good your case is.

Tigar's decision - and the administration's attempt to characterize the migrants as violent - sets the stage for hard choices on both sides of the U.S. -Mexico border.

'We get beaten and then we end up having to go to the Supreme Court. Labeling the movements of Central American migrants a "national emergency", Trump deployed thousands of active-duty troops and coils of concertina wire to the border.

The Trump administration is vowing to continue fighting for new policies that only allow asylum seekers to enter the United States at official ports of entry.

Trump cited an overwhelmed immigration system for his proclamation that officials will only process asylum claims for migrants who present themselves at an official entry point.

Judge Tigar, though, said federal law is clear, and it grants everyone the chance at asylum.

The Trump administration believes that the decision by Judge Jon Tigar, an Obama-appointed San Francisco judge, "is contrary to well-established Federal Law, the Attorney General's and Secretary of Homeland Security's discretion under the Immigration and Nationality Act, and the President's own Constitutional and statutory authority".

"The crisis is real and it is just on the other side of this wall", she said.

The judge pointedly denied the claim that the president, by fiat, could give the manner of entry added legal weight as a determinant of asylum.

The president's travel ban for majority-Muslim countries was blocked by judges in the 9th Circuit, but the Supreme Court later ruled the action was within the president's authority. Like the travel ban that we won.

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The case, East Bay Sanctuary Covenant v. Trump, was filed in federal court in San Francisco.

But after intense negotiations, Iraq was dropped from the second version, announced in March 2017.

And amid a stock market slump, Trump contended that the USA economy is doing "great".

"I think it is good that the court did this because a lot of people cross illegally, not to break the law, but because they believe you have to get to the USA first before requesting asylum", he said. The Justice Department and the Department of Homeland Security sided with the White House, arguing the president had a right to protect the country as an national security measure.

They are representing, along with some other civil rights groups, organizations that provide services to asylum-seekers.

"That is a law enforcement task, and the secretary of defense does not have the authority to approve that inside the homeland", he said of a separate DHS request for a special task force charged with defending Border Patrol agents from violent confrontations.

Without providing specific potential moves, he told reporters on the South Lawn that the country must "look at" the 9th Circuit because other countries take cases against the USA there for an "automatic win".

His ruling likely will free about 95 Iraqis over the next month, the ACLU said. The judge called the latest rules an "extreme departure" from prior practice.

"Petitioners' only crime is being caught between the United States and Iraq's diplomatic tug-o-war over repatriation".

Judge Goldsmith also said the misleading statements ICE made in the case deserve punishment, in what amounted to a severe rebuke.

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