Internet Explorer 11 is not supported

For optimal browsing, we recommend Chrome, Firefox or Safari browsers.

Judge Allows Some States to Block Migrants From Seeking Asylum

As a result, border officials in California and Arizona will not be allowed to apply the new rule against asylum-seekers, but agents in Texas and New Mexico may, unless a court elsewhere intervenes.

By Maura Dolan

In a partial victory for President Donald Trump, a federal appeals court decided Friday to remove a nationwide injunction against a new rule that would deny asylum to the vast majority of immigrants at the southern border.

Last month, U.S. District Judge Jon S. Tigar, a San Francisco-based Obama appointee, issued a nationwide preliminary injunction against the 10-day-old rule. It made migrants ineligible for asylum if they passed through another country en route to the U.S. and failed to apply for protection in that country.

Most asylum-seekers come from Central America.

The Trump administration asked the U.S. 9th Circuit Court of Appeals to lift the injunction pending appeal.

A panel hearing motions this month for the 9th Circuit decided 2-1 that the district judge failed to cite evidence in support of a nationwide injunction and removed it.

"Based on the limited record before us, we do not believe a nationwide injunction is justified," wrote the majority, 9th Circuit Judges Milan D. Smith Jr., appointed by President George W. Bush, and Mark J. Bennett, a Trump appointee.

The panel refused, however, to lift the injunction in the nine states of the 9th Circuit, saying the administration failed to show it was likely to win on appeal.

As a result, border officials in California and Arizona will not be allowed to apply the new rule against asylum-seekers, but agents in Texas and New Mexico may, unless a court elsewhere intervenes.

In a dissent, Judge A. Wallace Tashima, a Clinton appointee, said the majority's decision exceeded the authority of a motions panel.

"Perhaps, the district court did not make detailed findings in support of a nationwide injunction because the need for one in the circumstances of this case is obvious," he wrote.

"Should asylum law be administered differently in Texas than in California?" he asked. "These issues and problems illustrate why tinkering with the merits on a limited stay motion record can be risky."

Friday's order set an expedited schedule for written arguments on the case and said a hearing would be held in December.

(c)2019 Los Angeles Times

Special Projects
Sponsored Stories
In recent years, local governments have been forced to adapt to a wildly changing world, especially as it pertains to sending bills and collecting payments.
Workplace safety is in the spotlight as government leaders adapt to a prolonged pandemic.
While government employees, students and the general public had to wait in line for hours in the beginning of the pandemic, at-home test kits make it easy to diagnose for the novel coronavirus in less than 30 minutes.
Governments around the nation are working to design the best vaccine policies that keep both their employees and their residents safe. Although the latest data shows a variety of polarizing perspectives, there are clear emerging best practices that leading governments are following to put trust first: creating policies that are flexible and provide a range of options, and being in tune with the needs and sentiments of their employees so that they are able to be dynamic and accommodate the rapidly changing situation.
Service delivery and the individual experience within health and human services (HHS) is often very siloed and fragmented.
In this episode, Marianne Steger explains why health care for Pre-Medicare retirees and active employees just got easier.
Government organizations around the world are experiencing the consequences of plagiarism firsthand. A simple mistake can lead to loss of reputation, loss of trust and even lawsuits. It’s important to avoid plagiarism at all costs, and government organizations are held to a particularly high standard. Fortunately, technological solutions such as iThenticate allow government organizations to avoid instances of text plagiarism in an efficient manner.
Creating meaningful citizen experiences in a post-COVID world requires embracing digital initiatives like secure and ethical data sharing, artificial intelligence and more.
GHD identified four themes critical for municipalities to address to reach net-zero by 2050. Will you be ready?