Trump administration asks U.S. top court to restore asylum order

By Andrew Chung

 

FILE PHOTO: Dunia, an asylum seeker from Honduras, is reunited with her five-year-old son Wilman at Brownsville South Padre International Airport in Brownsville, Texas, U.S., following their separation of more than five weeks through the Trump administration's "Zero Tolerance" policy, July 20, 2018. REUTERS/Loren Elliott/File Photo

 

(Reuters) - President Donald Trump's administration asked the U.S. Supreme Court on Tuesday to let his order barring asylum for immigrants who enter the United States illegally take effect even as litigation over the matter proceeds.

 

The U.S. Justice Department asked the court to lift a temporary restraining order against the asylum rules issued by San Francisco-based U.S. District Judge Jon Tigar. Trump has taken a hard line toward legal and illegal immigration since taking office last year.

 

Citing what he called an overwhelmed immigration system, Trump issued a proclamation on Nov. 9 that authorities process asylum claims only for migrants crossing the southern U.S. border at an official port of entry. Tigar blocked the rules on Nov. 19, drawing Trump's ire.

 

The San Francisco-based 9th U.S. Circuit Court of Appeals on Friday refused to lift Tigar's injunction pending an appeal by the administration.

 

(Reporting by Andrew Chung; Editing by Will Dunham)

 

-- © Copyright Reuters 2018-12-12

Seems to me that while the issue is at the Court of Appeals the Supreme Court will not do anything. But maybe somebody with more legal knowledge will chime in?

1 hour ago, stevenl said:

Seems to me that while the issue is at the Court of Appeals the Supreme Court will not do anything. But maybe somebody with more legal knowledge will chime in?

Good question!

 

I honestly haven't researched this at all, and I am basing this on old knowledge. 

 

My educated guess is that Trump's DOJ can only appeal the temporary restraining order (aka, TRO) which is now in place until the merits of the case (i.e., is it that migrants asking for asylum can only go to an official port of entry?) is finally litigated and resolved.  So, the parties will argue at the US Supreme Court only whether such a TRO is appropriate in this instance, i.e., the law in regards to TROs.

 

Otherwise, SCOTUS will not decide, if it ever does, on the full merits of the case until the 9th Circuit, from where the merits of the case would next be appealed to, is finished with it. 

 

I think I have that right, and I hope that helps.

 

Edited December 12, 20187 yr by helpisgood
added explanation