Judge blocks Trump administration from denying asylum claims to immigrants who cross border illegally

Viper1j

Diamond Member
Jul 31, 2018
4,168
3,645
136
Still... winning???

https://www.cnn.com/2018/11/20/politics/judge-asylum-restrictions/index.html

In an order laced with language accusing President Donald Trump of attempting to rewrite immigration laws, a federal judge based in San Francisco temporarily blocked the government late Monday night from denying asylum to those crossing over the southern border between ports of entry.

Judge Jon S. Tigar of the U.S. District Court for the Northern District of California said that a policy announced November 9 barring asylum for immigrants who enter outside a legal check point '"irreconcilably conflicts" with immigration law and the "expressed intent of Congress."

"Whatever the scope of the President's authority, he may not rewrite the immigration laws to impose a condition that Congress has expressly forbidden," Tigar wrote, adding that asylum seekers would be put at "increased risk of violence and other harms at the border" if the administration's rule is allowed to go into effect.

The temporary restraining order is effective nationwide and will remain in effect until December 19, when the judge has scheduled another hearing, or further order of the court.

The order is the latest setback for the administration that has sought to crack down on what it says are flaws in the immigration system, and it is a victory for the American Civil Liberties Union, the Southern Poverty Law Center and other groups who argued it is illegal to block someone based on how they entered the country.

"This ban is illegal, will put people's lives in danger and raises the alarm about President Trump's disregard for separation of powers," said the ACLU's Lee Gelernt.

"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," he said. Earlier this month, the President issued a proclamation referring to "large, organized groups" who were traveling through Mexico and "reportedly intend to enter the United States unlawfully or without proper documentation and to seek asylum."

It said that those seeking entry can only do so temporarily at recognized ports of entry to allow for "orderly processing" and denied entry to those at any other location along the southern border.

"But aliens who enter the United States unlawfully through the southern border in contravention of this proclamation will be ineligible to be granted asylum," the President wrote. "The arrival of large numbers of aliens will contribute to the overloading of our immigration and asylum system and to the release of thousands of aliens into the interior of the United States," the proclamation read.
 
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Homerboy

Lifer
Mar 1, 2000
30,856
4,974
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He'd get away with it if it weren't for those meddling liberal judges! /Scooby Doo
 
Jan 25, 2011
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I miss the days when the right would rant and rave about Emperor Obama and all his EOs. Good times.

Now you have a President who continually tries to circumvent the constitution and Congress by ruling by edict and not a peep.

To make fsky happy... It's almost like they weren't genuine in their criticisms.
 
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SlowSpyder

Lifer
Jan 12, 2005
17,305
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Not shocking that an Obama appointed judge in San Francisco blocked this. There will be a legal fight, hope the right team wins.
 
Jan 25, 2011
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Not shocking that an Obama appointed judge in San Francisco blocked this. There will be a legal fight, hope the right team wins.
Of course it's not shocking. Congress has passed a law specifically counter to the EO that Trump signed and they have shown absolutely no reason why it should be overridden.

He doesn't get to just overwrite law and impose conditions that Congress has expressly forbidden. The right side did win in this one and likely will in the end too.
 

Greenman

Lifer
Oct 15, 1999
20,284
5,057
136
It almost doesn't matter either way. Only 2% of asylum seekers actually get it. I think the reason for claiming asylum is that they are released while waiting for a hearing. If Trump ends the catch and release program the number of asylum seekers will probably plummet.
Handy as it is to have an under class to quietly oppress, I think we're going to have to give it up.
 

Jaskalas

Lifer
Jun 23, 2004
33,382
7,446
136
Still... winning???

One man in a black robe is seen as opening the door to invasion, a threat people fear is existential. Their response is "*** the Judiciary". I've heard that today in response to this. They want Trump to act now, to "save" them whatever the cost. Whatever action is necessary, even if it means destroying our form of government. Letting "invaders" in is a bridge too far.

Their fear of illegals leads them to wanting whatever use of force is necessary to "save us".

Some juicy tidbits I heard.
  • "President should only listen to the SCOTUS, other courts are 'lesser' and beneath him."
  • "The 'caravan' matters as a symbol. No matter how small it is."
 
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K1052

Elite Member
Aug 21, 2003
45,897
32,700
136
If Trump ends the catch and release program the number of asylum seekers will probably plummet.

This was basically the rationale for separating kids from parents, in some cases permanently. That the plan was so cruel that it would deter people fleeing violence to not come...it didn't work and produced a huge political problem.
 
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Viper1j

Diamond Member
Jul 31, 2018
4,168
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This was basically the rationale for separating kids from parents, in some cases permanently. That the plan was so cruel that it would deter people fleeing violence to not come...it didn't work and produced a huge political problem.


Donny kidnapped children so he could have his own "pussy grabbing" farm to use.
 
Jan 25, 2011
16,586
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Somewhat related.
Iragis released

Judge Orders Trump Administration to Release Iraqis After It Made “Demonstrably False” Claims

Just straight up lied repeatedly.
As Mother Jones reportedin October, internal emails and memos obtained by the American Civil Liberties of Michigan revealed that US Immigration and Customs Enforcement officials misled the judge in the case, Mark Goldsmith, by telling him that the administration had reached a nonexistent agreement under which Iraq would accept deportees after decades of refusals. Now Goldsmith is ordering that Iraqis who have been detained more than six months be released within 30 days.

Goldsmith wrote in his preliminary injunction that “the Government has acted ignobly in this case, by failing to comply with court orders, submitting demonstrably false declarations of Government officials, and otherwise violating its litigation obligations.” Margo Schlanger, a law professor at the University of Michigan who is helping represent the Iraqi immigrants, says about 100 Iraqis have been detained for more than six months. Few of the Iraqis arrested by ICE under President Donald Trump—some of whom were born in refugee camps and have never been to Iraq—want to go to Iraq.
 
Jan 25, 2011
16,586
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Ummmm... i don't think I've ever seen this before...

https://www.cnbc.com/2018/11/21/chi...pushes-back-on-trump-criticism-of-judges.html

In an unusual break with typical Supreme Court practice, Chief Justice John Roberts on Wednesday delivered a mild rebuke of President Donald Trump for calling a federal judge in California an "Obama judge."

Roberts said that America does not have "Obama judges or Trump judges, Bush judges or Clinton judges."

"What we have is an extraordinary group of dedicated judges doing their level best to do equal right to those appearing before them," Roberts said in a statement responding to an inquiry from the Associated Press. "That independent judiciary is something we should all be thankful for."
 

Jhhnn

IN MEMORIAM
Nov 11, 1999
62,365
14,681
136
It almost doesn't matter either way. Only 2% of asylum seekers actually get it. I think the reason for claiming asylum is that they are released while waiting for a hearing. If Trump ends the catch and release program the number of asylum seekers will probably plummet.
Handy as it is to have an under class to quietly oppress, I think we're going to have to give it up.

It matters a lot. Due process and equal protection are foundational to honest democracy.
 

senseamp

Lifer
Feb 5, 2006
35,786
6,188
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Trump was (finally) right about something, there are Republican judges and Democrat judges, Roberts is lying about independent judiciary. He wants you to believe all these 5:4 decisions along party lines on his own court are coincidences or something. He wants you to believe that gutting the voting rights act with fake claims voting rights violations in the South are a thing of the past did not happen for one reason, and one reason only, to help Republicans steal elections. The Federalist society members on our judiciary really think we are a bunch of morons to fall for their fake righteousness and independence.
 
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Maxima1

Diamond Member
Jan 15, 2013
3,515
756
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Fake independence and fake legitimacy.

It's quite obvious to me, but annoyingly, a lot of the liberal elite will fall for it (or not really care), and the media will likely fawn over him as the new "moderate".

For example, here's Tribe's take on it:

https://twitter.com/tribelaw/status/1065315322067107840

I’m increasingly pinning my hopes for the independent federal judiciary on my distinguished former student in constitutional law, John Roberts.
 

Jaskalas

Lifer
Jun 23, 2004
33,382
7,446
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I don't really believe that Judges can function independently of our... partisan / corrupt culture. Surely they have to be affected by it just like the rest of us. So while I'd like to believe what Roberts said is true... it sounds false. And that he'd put up such pretense may be even more disturbing.

OTOH, he defied Trump. If only more Republicans started to do that. Before November 2020.
 
Jan 25, 2011
16,586
8,664
146
I don't really believe that Judges can function independently of our... partisan / corrupt culture. Surely they have to be affected by it just like the rest of us. So while I'd like to believe what Roberts said is true... it sounds false. And that he'd put up such pretense may be even more disturbing.

OTOH, he spoke out against Trump. If only more Republicans started to do that. Before November 2020.
He spoke out for the judiciary, not really against Trump per say. Cover and all that. I'll have more faith when he rules against anything Trump does.
 

hal2kilo

Lifer
Feb 24, 2009
23,331
10,238
136
I don't really believe that Judges can function independently of our... partisan / corrupt culture. Surely they have to be affected by it just like the rest of us. So while I'd like to believe what Roberts said is true... it sounds false. And that he'd put up such pretense may be even more disturbing.

OTOH, he defied Trump. If only more Republicans started to do that. Before November 2020.
Ole Mitch is ensuring that the politicians in robes have the right politics at this very moment. Record rubber stamping of judicial picks.