President Donald Trump’s administration issued a new rule in July intended to limit the eligibility of migrants seeking asylum at the U.S. border, but it was predictably thwarted by an Obama-appointed activist judge who issued a nationwide injunction against implementation of the rule.
The injunction was later narrowed by an appeals court and sent back to the original court for additional argument, but the original judge has defiantly reimposed the broader injunction, and now, the administration is asking the U.S. Supreme Court to consider an emergency appeal that would overturn the lower judge’s injunction and allow the rule to be implemented while the merits of the case are presented.
Asylum rule in question
In July, the Trump administration announced the new rule requiring asylum-seekers to apply for protected status in the first safe country they reached prior to the U.S., which in theory would dramatically reduce the number of migrants claiming asylum at the southern border.
After a court challenge against the rule was mounted, Judge Jon Tigar sided with immigrants’ rights activist groups and imposed a nationwide injunction that prevented the limitations from going into effect, a decision that was quickly appealed up the chain to the Ninth Circuit Court of Appeals.
Somewhat surprisingly, a panel of Ninth Circuit judges ruled that Tigar overstepped his bounds and reduced the scope of the injunction to cover just the states within the Ninth Circuit, which would include California and Arizona. The case was also sent back down to the district level for further development of the record.
Rather defiantly, however, Tigar ignored the higher court’s ruling and reinstated the nationwide injunction against the rule to include the border states of New Mexico and Texas as well.
White House fights back
In the request to the Supreme Court for an emergency hearing to lift the injunction and allow the asylum rule to be put in place, Justice Department attorneys have now argued that a failure to lift the stay “would severely disrupt the orderly administration of an already overburdened asylum system.”
In a separate statement from the White House, press secretary Stephanie Grisham said, “Today, a single district judge in California reimposed a nationwide injunction halting the implementation of important rules that reform our broken asylum system — after the Ninth Circuit previously struck down this exact injunction.”
“Immigration and border security policy cannot be run by any single district court judge who decides to issue a nationwide injunction,” she continued. “This ruling is a gift to human smugglers and traffickers and undermines the rule of law.”
“We previously asked the Supreme Court to set aside the district court’s injunction in its entirety, our request remains pending with the Court, and we look forward to it acting on our request,” Grisham added.
Inappropriate use of injunctions
In the meantime, Politico reported that the administration similarly asked the Ninth Circuit Court of Appeals to implement an administrative stay on Tigar’s latest decision, and in what can only be described as a win for Trump, the court did just that, once again limiting the injunction’s applicability to California and Arizona.
Bear in mind that all of this comes as Attorney General William Barr and some on the Supreme Court, such as Justice Clarence Thomas, have been speaking out recently against the increasingly frequent use of nationwide injunctions by district judges to halt the lawful progress of an administration with which they have ideological or political disagreements. Perhaps Judge Tigar’s defiance will serve as the impetus for some sort of concerted action to end the troubling practice of injunction abuse by those on the federal bench.
459 Responses
Hi, i feel that i saw you visited my blog so i came to “return the desireâ€.I’m attempting to find issues to enhance my site!I guess its adequate to use a few of your ideas!!
I got what you intend, thanks for putting up. Woh I am glad to find this website through google
I’am amazed
This is a really good site post, I’m delighted I came across it. I’ll be back down the track to check out other posts that
This is a really good site post, I’m delighted I came across it. I’ll be back down the track to check out other posts that
Thank you for the auspicious writeup. It in fact was a amusement account it. Look advanced to far added agreeable from you! However, how could we communicate?
I am really enjoying the theme/design of your weblog. Do you ever run into any browser compatibility issues? A handful of my blog readers have complained about my blog not working correctly in Explorer but looks great in Opera. Do you have any advice to help fix this problem?
I have been surfing on-line more than three hours as of late, but I by no means discovered any interesting article like yours. It’s pretty price sufficient for me. Personally, if all website owners and bloggers made just right content material as you probably did, the web will probably be much more useful than ever before.
Write more, thats all I have to say. Literally, it seems as though you relied on the video to make your point. You clearly know what youre talking about, why waste your intelligence on just posting videos to your site when you could be giving us something informative to read?
very easy to understand explanation. fits me perfectly. from now on I will be your fan
I think this is one of the most significant information for me. And i’m glad reading your article. But should remark on some general things, The site style is perfect, the articles is really excellent : D. Good job, cheers
Good day! I just want to give a huge thumbs up for the great data you may have here on this post. I will probably be coming back to your blog for more soon.
Pretty! This has been an incredibly wonderful post. Many thanks for providing these details.|
I’d like to find out more? I’d want to find out more details.|
Just bookmarked this blog post as I have actually found it rather valuable.
Right here is the right blog for anybody who really wants to find out about this topic. You understand a whole lot its almost hard to argue with you (not that I actually will need to…HaHa). You definitely put a fresh spin on a topic that’s been discussed for a long time. Excellent stuff, just wonderful!|
Hi there, every time i used to check weblog posts here early in the morning, for the reason that i enjoy to find out more and more.|
You actually make it seem so easy with your presentation but I find this topic to be really something that I think I would never understand. It seems too complicated and extremely broad for me. I am looking forward for your next post, I will try to get the hang of it!|
What’s up mates, its fantastic post on the topic of educationand completely explained, keep it up all the time.|
Its like you read my mind! You seem to know a lot about this, like you wrote the book in it or something. I think that you could do with some pics to drive the message home a little bit, but instead of that, this is great blog. An excellent read. I will definitely be back.|
Very few writers with correct expertise of the topics they blog about.
Extraordinarily motivating suggestions you’ll have said, thank you for publishing.
Thanks for finally talking about > blog_title < Loved it!|
Hello! I just wish to give you a big thumbs up for the great info you have here on this post. I’ll be coming back to your blog for more soon.|
Good day! I just want to give a huge thumbs up for the great data you may have here on this post. I will probably be coming back to your blog for more soon.
I’m impressed, I have to admit. Rarely do I encounter a blog that’s equally educative and entertaining, and let me tell you, you have hit the nail on the head. The problem is something which not enough people are speaking intelligently about. Now i’m very happy that I stumbled across this during my hunt for something relating to this.|
whoah this blog is excellent i love reading your posts. Keep up the great work! You know, many people are hunting around for this information, you can help them greatly.
Hi, i feel that i saw you visited my blog so i came to “return the desire”.I’m attempting to find issues to enhance my site!I guess its adequate to use a few of your ideas!!
I like reading a post that will make men and women think. Also, thank you for allowing for me to comment!|
Wow! This can be one particular of the most useful blogs We’ve ever arrive across on this subject. Basically Wonderful. I’m also an expert in this topic therefore I can understand your effort.
Youre so cool! I dont suppose Ive learn anything like this before. So nice to search out someone with some unique thoughts on this subject. realy thank you for beginning this up. this web site is something that’s wanted on the net, somebody with a bit of originality. useful job for bringing something new to the internet!
Excellent goods from you, man. I’ve understand your stuff previous to and you’re simply too great. I really like what you’ve received here, really like what you are saying and the way by which you say it. You’re making it enjoyable and you continue to care for to stay it smart. I cant wait to learn far more from you. This is really a great website.
I read this article completely concerning the comparison of most recent and earlier technologies, it’s awesome article.|
After going over a handful of the blog articles on your web site, I honestly appreciate your technique of writing a blog. I bookmarked it to my bookmark webpage list and will be checking back in the near future. Please visit my website too and tell me your opinion.|
Love the manner you cover this topic.
Wow, that’s what I was looking for, what a information! existing here at this webpage, thanks admin of this site.|
Greate article. Keep posting such kind of information on your site. Im really impressed by your blog.
My brother recommended I might like this blog. He was entirely right. This post actually made my day. You cann’t imagine simply how much time I had spent for this info! Thanks!|
I love what you guys are usually up too. This type of clever work and exposure! Keep up the wonderful works guys I’ve included you guys to blogroll.|
I used to be suggested this blog by means of my cousin. I am now not positive whether this put up is written via him as no one else know such targeted approximately my difficulty. You’re wonderful! Thanks!|