A federal judge blocked President Trump’s order attempting to refuse asylum to certain immigrants.The judge ruled it violates longstanding laws.
Earlier this month Trump signed a proclamation making it harder for immigrants to claim asylum if they cross outside of designated areas.
The court found this rule goes against federal immigration laws. A federal judge ruled Monday migrants must be allowed to seek asylum no matter where or how they enter the U.S.
A statement from the White House said the decision will open the floodgates, “inviting countless illegal aliens to pour into our country.”
“You go to the Ninth Circuit and it’s a disgrace and I’m going to put in a major complaint,” President Trump said Tuesday.
In their lawsuit, immigrant advocates said it’s illegal to block someone from seeking asylum based on how they enter the country.
“The Congressional authorization for asylum is not geographic,” said former U.S District Judge Oliver Wanger.
He said the administration also may have broken rules by putting its policy into effect so quickly.
“Under the Administrative Procedure Act, to make an executive order, you have what’s called notice and comment rule making and neither has been conducted,” Wanger said.
The decision comes as a caravan of thousands begin arriving at U.S. border. Wanger said there’s an important aspect to keep in mind.
“This judge could stop the travel ban by his order, but he can’t have any effect or influence on the immigration judges who decide who is eligible and entitled to asylum and who isn’t,” he said.
The Trump administration intends to appeal the decision.
“It’s a disgrace what happens with the Ninth Circuit. We will win that case in the Supreme Court of the United States,” Trump said.
The temporary restraining order will remain in effect nationwide until Dec 19 when a judge has scheduled another hearing.