Published: Thu, September 12, 2019

Supreme Court Gives Green Light To Trump Administration's Asylum Rules

Supreme Court Gives Green Light To Trump Administration's Asylum Rules

Gidley was referring to rulings by U.S. District Judge Jon S. Tigar who had initially blocked the new rule from taking effect in late July, saying "it is inconsistent with the existing asylum laws".

Justices Ruth Bader Ginsburg and Sonia Sotomayor dissented. FWD.us, which represents tech companies from the Silicon Valley, said the decision was a "massive reversal" of American leadership to protect the most vulnerable people fleeing extreme violence and persecution from around the world.

The ruling means the administration can now refuse to consider a request for asylum from anyone failing to apply for it in another country, such as Mexico, after leaving home but before coming to the U.S. The order means migrants from Honduras, Guatemala and El Salvador can't seek asylum in the U.S. if they didn't first ask for it in Mexico.

As Fox News noted, on Monday, the 9th Circuit Court of Appeals ended the nationwide injunction against the Trump ban but only did so partially, leaving California, Arizona, Alaska, Hawaii, Montana, Nevada, Idaho, Guam, Oregon and Washington, all within the province of the 9th Circuit, immune from the Trump ban.

That left the administration free to enforce the policy on asylum seekers arriving in New Mexico and Texas.

The Trump administration first announced the new rules July 15 and was met with swift legal challenges from immigrant advocacy groups.

The administration said the new restriction is needed to respond to "an unprecedented surge" of people who enter the country illegally and seek asylum if they're caught.


When it was unveiled this year in July it was nearly immediately blocked from taking effect so the move is being seen as a victory for the Trump administration in United States media.

In December, a divided Supreme Court refused to let Trump start automatically rejecting all asylum claims by people who cross the southern border illegally. The 9th Circuit again narrowed his order on Tuesday.

This includes, but is not limited to, those from Central American countries who have made up the vast majority of those seeking asylum so far this year. Under the new policy, they would fail the test unless they sought asylum in at least one country they traveled through and were denied.

It's unclear how quickly the policy will be rolled out and how exactly it fits in with the other efforts by the administration to restrict border crossings and tighten asylum rules.

The rule change overturns long-standing convention that the United States hears asylum claims no matter how people have arrived at the border. They would be placed in fast-track deportation proceedings and flown to their home countries at US expense.

"We're hopeful we'll prevail at the end of the day", said Gelernt.

That move was immediately challenged in the lower courts, and it may come back to the Supreme Court once ongoing legal challenges have been completed. "The lives of thousands of families are at stake".

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