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Immigration Law Blog

Blog on immigration law information, issues and news.

Trump Administration’s New Asylum Rule Blocked by Federal Judge

On November 09, 2018 the president of the United States signed an order that would

essentially block any immigrant(s) who entered the country illegally from seeking asylum. The

Trump Administration claims that anyone who is trying to seek asylum in the United States must

do so ‘legally’ and through a port of entry. On November 19, 2018 Judge Jon S. Tigar of the

United States District Court in San Francisco issued a temporary restraining order blocking the

Trump Administration’s new rule denying immigrants asylum if they enter the country illegally

and not through a port of entry. Judge Jon S. Tigar stated that, “Whatever the scope of the

president’s authority, he may not rewrite the immigration laws to impose a condition that

Congress has expressly forbidden.” Though the Department of Homeland Security and Justice

Department have called Judge Jon S. Tigar’s ruling as “absurd,” the temporary restraining order

will remain in effect until December 19. After December 19 the court will consider arguments

for a permanent block of the policy. The attorney for the American Civil Liberties Union

(ACLU), Lee Gelernt, stated that, “This ban is illegal, will put people’s lives in danger, and

raises the alarm about President Trump’s disregard for separation of powers…There is no

justifiable reason to flatly deny people the right to apply for asylum, and we cannot send them

back to danger based on the manner of their entry. Congress has been clear on this point for

decades.” The manner in which the Trump Administration is going about issuing these orders

clearly demonstrates their disregard for separation of powers. The intent in having three distinct

branches of government (legislative, executive and judicial) is to prevent the concentration of

power and provide checks and balances.

Mercedes Riggs