A federal judge in San Francisco has determined that the White House Administration of President Donald Trump is not allowed to exclude immigrants illegally entering the United States from the southern border from applying for asylum.
It is a temporary decision of the judge. Presumably, he’ll decide in December whether his ruling will stand for long term. Given that there are thousands of asylum seekers currently amassing in Tijuana wanting to cross the border the ruling has immediate consequences.
Earlier this month, as the multiple caravans were on their way to the US, President signed a decree to discourage illegal immigration.
The decree would make it possible to automatically refuse asylum applications from people who had illegally crossed the border between Mexico and the US.
Migrants who wanted to enter from Mexico were therefore only allowed to apply for asylum at official border posts.
US District Judge Jon Tigar in San Francisco issued the temporary restraining order after hearing arguments by several civil rights groups who claimed that the immigrants human rights were being violated.
Judge Tigar, in his ruling, said the current US legislation made it clear that any foreigner arriving in the US “whether or not at a designated port of arrival” could apply for asylum.
He furthermore stated that President Trump’s unilateral proclamation of 9 November was an “extreme departure” from prior practice.
“Whatever the scope of the president’s authority, he may not rewrite the immigration laws to impose a condition that Congress has expressly forbidden.”
The case was brought by The American Civil Liberties Union (ACLU), the Southern Poverty Law Center and the Center for Constitutional Rights.