FILE - In this July 17, 2019, file photo, a United States Customs and Border Protection Officer checks the documents of migrants before being taken to apply for asylum in the United States, on International Bridge 1 in Nuevo Laredo, Mexico. A federal judge in California has reinstated a nationwide halt on the Trump administration's plan to prevent most migrants from seeking asylum on the U.S.-Mexico border. U.S. District Judge Jon Tigar on Monday, Sept. 9 ruled that an injunction blocking the administration's policy from taking effect should apply nationwide. (AP Photo/Marco Ugarte, File)
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Judge reinstates nationwide halt on Trump asylum policy plan

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A U.S. judge in California on Monday reinstated a nationwide halt on the Trump administration's plan to prevent most migrants from seeking asylum at the U.S.-Mexico border.

U.S. District Judge Jon Tigar ruled in Oakland that an injunction blocking the administration's policy from taking effect should apply nationwide.

Tigar blocked the policy in July after a lawsuit by groups that help asylum seekers. But the 9th U.S. Circuit Court of Appeals limited the impact of Tigar's injunction to states within the area overseen by the appeals court.

That meant the policy was blocked in the border states of California and Arizona but not in New Mexico and Texas.

In his ruling, Tigar stressed a "need to maintain uniform immigration policy" and found that nonprofit organizations such as Al Otro Lado don't know where asylum seekers who enter the U.S. will end up living and making their case to remain in the country.

"The court recognized there is grave danger facing asylum-seekers along the entire stretch of the southern border," Lee Gelernt, an attorney for the American Civil Liberties Union, said in a statement.

Trump said he disagreed with the judge's ruling.

"I think it's very unfair that he does that," Trump told reporters as he departed the White House for a trip to North Carolina. "I don't think it should be allowed."

Mark Morgan, acting commissioner of Customs and Border Protection, also criticized the ruling.

"I'm frustrated at the unprecedented judicial activism that we have experienced every single time that this administration comes up with what we believe is a legal rule or policy that we really believe that will address this crisis, we end up getting enjoined," he said.

The courts have halted some of Trump's key policy shifts on immigration, including an earlier version of an asylum ban. The president has prevailed on several fronts after initial legal setbacks, for example, when the Supreme Court recently lifted a freeze on using Pentagon money to build border walls.

The rules issued by the Trump administration in July apply to most migrants who pass through another country before reaching the United States. They target tens of thousands of Central Americans fleeing violence and poverty who cross Mexico each month to seek asylum and would affect asylum seekers from Africa, Asia and South America who arrive regularly at the southern border.

The shift reversed decades of U.S. policy in what Trump administration officials said was an attempt to close the gap between an initial asylum screening that most people pass and a final decision on asylum that most people do not win.

U.S. law allows refugees to request asylum when they get to the U.S. regardless of how they arrive or cross. The crucial exception is for those who have come through a country considered to be "safe," but the law is vague on how a country is determined to be safe. It says pursuant to a bilateral or multilateral agreement.

People are generally eligible for asylum in the U.S. if they fear return to their home country because they would be persecuted based on race, religion, nationality or membership in a particular social group.

The Border Patrol apprehended about 50,000 people at the southern border in August, a 30 percent drop in arrests from July amid summer heat and an aggressive crackdown on both sides of the border to deter migrants.

© Copyright 2019 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

©2019 GPlusMedia Inc.


46 Comments

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"I think it's very unfair that he does that," Trump told reporters

I will never get used to a president that sounds and acts like a five year old. Apologies to all five year olds, obviously.

7 ( +7 / -0 )

U.S. District Judge Jon Tigar ruled in Oakland that an injunction blocking the administration's policy from taking effect should apply nationwide.

Still haven’t figured out how a district judge has any authority outside of his district. Can see this going the other way against the activist Left sometime in the near future. The right would be stupid to unilaterally disarm against politically Left judges.

-7 ( +1 / -8 )

Still haven’t figured out how a district judge has any authority outside of his district.

Ok, why are you telling us that you don't know this? You do realize that it's law, entirely documented, and public information right? What exactly is stopping you from figuring it out? The information is out there for you to find, if you can be bothered to do so.

Not sure why you think the rest of us need to know you haven't bothered to do so yet.

7 ( +7 / -0 )

Stranger: Very well put.

1 ( +1 / -0 )

"I'm frustrated at the unprecedented judicial activism that we have experienced every single time that this administration comes up with what we believe is a legal rule or policy that we really believe that will address this crisis, we end up getting enjoined," he said.

"Unprecedented" Take a long hard look in the mirror, it is due to your polices and actions that caused this to happen, and the last time I looked, America was not a dictatorship. Trump you certain are not "god".

Your polices and "executive orders" on subjects such as this, are totally unprecedented as well.

Just because it's something YOU believe is "legal" does not make it so, hence the "checks and balances" built into the system that is a large part of the foundation of the USA.

4 ( +4 / -0 )

Still haven’t figured out how a district judge has any authority outside of his district. Can see this going the other way against the activist Left sometime in the near future. The right would be stupid to unilaterally disarm against politically Left judges.

In the end this all helps Trump in 2020. California can take in as many illegals as it wants, people are leaving, taxes are at an all time high, homelessness is growing, the middle class has had enough. For the rich and powerful, they don’t have to love anywhere near the squalor and chaos. They can keep it, do what they want with it, good luck to them, the leaving middle-class deserve better.

https://fee.org/articles/can-california-survive-a-middle-class-exodus/

https://www.nationalreview.com/2019/01/california-coastal-elites-poor-immigrants-fleeing-middle-class/

-6 ( +0 / -6 )

In the end this all helps Trump in 2020. California can take in as many illegals as it wants

You must have missed the part in the article where the injunction was applied nationwide.

2 ( +3 / -1 )

You must have missed the part in the article where the injunction was applied nationwide.

No, I was specific in addressing California as the problem and the ground zero gateway to the nations problems and it shows as people are leaving the largest state and this will help the President next year.

-3 ( +1 / -4 )

Law says if Asylum seekers set foot in the US, they are eligible for an asylum claim.

It's not rocket science.

Thank you judge Tigar.

2 ( +2 / -0 )

Law says if Asylum seekers set foot in the US, they are eligible for an asylum claim.

Doesn't mean we have to grant it as well

It's not rocket science.

Thank you judge Tigar.

Soon to be overturned by the SC...again.

-2 ( +0 / -2 )

This decision will be eventually overturned by the SC. Until then, the majority of the illegal invaders who seek "asylum" will remain languishing for months in Mexican detention centers since they initially entered that country without proper paperwork.

-4 ( +0 / -4 )

unprecedented judicial activism

Language that is word for word a GOP talking point in an effort to erode public confidence in the judicial system every time they lose.

4 ( +4 / -0 )

I am not sure which is better. Allowing asylum while you have inspectors who can summarily cage anyone they think lied on their application for any reason...or just stop allowing asylum applications. I am pro-asylum but when you have evil people running your immigration system it makes for a quite a conundrum.

0 ( +0 / -0 )

Language that is word for word a GOP talking point in an effort to erode public confidence in the judicial system every time they lose.

Well, this is why McConnell is smart in packing the lower court with conservative judges, one day there will be a Democrat President two can play that game, that boomerang will come right back and hit them.

-3 ( +0 / -3 )

This decision will be eventually overturned by the SC. Until then, the majority of the illegal invaders who seek "asylum" will remain languishing for months in Mexican detention centers since they initially entered that country without proper paperwork.

America is full. Wouldn't it be great if all immigrants stopped leaching off the US and went BACK to their home countries and made those place better?

1 ( +1 / -0 )

No, I was specific in addressing California as the problem and the ground zero gateway to the nations problems

Someone has zero clue about California's contributions to our country.

and it shows as people are leaving the largest state

California is the third largest state.

and this will help the President next year.

Sure. I hope this makes you feel better.

2 ( +2 / -0 )

One can easily see the racist hate of the Trumpers here to those fleeing discrimination and persecution in their home country.

They just ought to be honest about it - we don't care what your reason for coming to the US - we don't want any brown people...

1 ( +1 / -0 )

Wouldn't it be great if all immigrants stopped leaching off the US and went BACK to their home countries and made those place better?

Well if we threw out all immigrants there wouldn't be much left.

3 ( +3 / -0 )

Someone has zero clue about California's contributions to our country.

Sorry, I was born and bred in California, before the Democrats took over and destroyed my beloved state, we did have the rule of law, people followed it and people came into our country, our State legally, but that started all to erode in the 90's as Dems started to become more powerful and now we have this social and economic quagmire of disease, homelessness and squalor.

California is the third largest state.

Not when it comes to delegates

Sure. I hope this makes you feel better.

When people follow the rule of law, it will...really!

-4 ( +0 / -4 )

One can easily see the racist hate of the Trumpers here to those fleeing discrimination and persecution in their home country.

Then they should do it legally and why is it that none of the Hollyweird is doing a thing to accommodate the illegals, they won't and neither will the Silicon Valley geeks, keep them regulated within the confines of the Downtown cities.

They just ought to be honest about it - we don't care what your reason for coming to the US - we don't want any brown people...

Then if that were true we wouldn't let Indonesian people in who are brown and Muslim, how about coming in legally? Do that and you will be welcomed with open arms regardless of your color, race or religion.

-3 ( +1 / -4 )

Sorry, I was born and bred in California, before the Democrats took over and destroyed my beloved state, we did have the rule of law, people followed it and people came into our country, our State legally, but that started all to erode in the 90's as Dems started to become more powerful and now we have this social and economic quagmire of disease, homelessness and squalor.

People who hate, will hate 2020 California. The beautiful state of California has naturally influenced its people to emphasize love, peace, diversity, creativity, environmental care, sensibility and empathy for others which leads to decisions counter to the ubiquitous hate of Trump and his supporters.

2 ( +2 / -0 )

One can easily see the racist hate of the Trumpers here to those fleeing discrimination and persecution in their home country.

Then they should do it legally and why is it that none of the Hollyweird is doing a thing to accommodate the illegals, they won't and neither will the Silicon Valley geeks, keep them regulated within the confines of the Downtown cities.

Hmmm - that's not what Trump supporters David Duke and Richard Spencer say...

They just ought to be honest about it - we don't care what your reason for coming to the US - we don't want any brown people...

Then if that were true we wouldn't let Indonesian people in who are brown and Muslim, how about coming in legally? Do that and you will be welcomed with open arms regardless of your color, race or religion.

Really? Repub Rep Steve King doesn't think so....

1 ( +1 / -0 )

Well if we threw out all immigrants there wouldn't be much left.

I'm sure the natives would be more than happy to get their country back!

2 ( +2 / -0 )

Well if we threw out all immigrants there wouldn't be much left.

I agree 100%. I also don't really think all immigrants should leave our country, but it's fun to use the right's arguments against them.

1 ( +1 / -0 )

At the pace people are leaving it, probably more so....

Love it or leave it. Anyone who doesn't like California can get the hell out if they have a problem. Snowflakes.

2 ( +2 / -0 )

Go to any affluent area in California, you will never see homeless, high crime or illegals living in these areas, never and why is that?

This holds tru for every affluent area in the country. Smooth argument. Hahahahahahaha!

1 ( +1 / -0 )

Love it or leave it. Anyone who doesn't like California can get the hell out if they have a problem. Snowflakes.

And they are doing it gladly.

This holds tru for every affluent area in the country.

California has the biggest exodus. But it's all good, the Silicon Valley geeks and Hollyweird can have it because they don't have to live with or near illegals. They can afford to have the life exactly the way they want it and as for the middle class, they'll leave to flee the crime, taxes and influx of illegals. It's just so ironic that the politicians of California, Mr. hypocrite himself, Newsom would never allow illegals to live anywhere near him.

-2 ( +0 / -2 )

And they are doing it gladly.

Good riddance.

2 ( +2 / -0 )

Cali kicks ass. I was there for 5 days last week. The only people who hate it are those who can't afford to live there. They can go to Texas and get a call center job at $12 an hour and bless the miracle of $500 rent.

3 ( +3 / -0 )

California has the biggest exodus. But it's all good, the Silicon Valley geeks and Hollyweird can have it because they don't have to live with or near illegals. They can afford to have the life exactly the way they want it and as for the middle class, they'll leave to flee the crime, taxes and influx of illegals. It's just so ironic that the politicians of California, Mr. hypocrite himself, Newsom would never allow illegals to live anywhere near him.

This is completely irrelevant to my post.

2 ( +2 / -0 )

Cali kicks ass. I was there for 5 days last week. The only people who hate it are those who can't afford to live there.

That's about 55.000 homeless and besides being regulated to the poorest sections and the middle class that are leaving and have less skilled workers and the elite that complain about the streets of LA and SF what else you got? But yeah, if you are mega, mega rich and can build high walls, fences and buy all the security and guns to protect you, then you are in a good place.

They can go to Texas and get a call center job at $12 an hour and bless the miracle of $500 rent.

But go into the oil industry tech industry making 50-80K starting, have less taxes, more land, freedom to eat meat, more guns, ICE, the rule of law, invest become self-employed, opportunities to grow and expand on entrepreneurial prospects, what's not to love?

-3 ( +0 / -3 )

But go into the oil industry tech industry making 50-80K starting, have less taxes, more land, freedom to eat meat, more guns, ICE, the rule of law, invest become self-employed, opportunities to grow and expand on entrepreneurial prospects, what's not to love?

and you love the 1.5 million illegals in Texas too?

2 ( +2 / -0 )

That's about 55.000 homeless and besides being regulated to the poorest sections and the middle class that are leaving and have less skilled workers and the elite that complain about the streets of LA and SF what else you got? 

Trump stated he had that one, the homeless and he was going to solve the problems for all of them. I think the homeless numbers is more like 150,000?

Silicon Valley should be building affordable housing to replace all the high end ones they occupy.

1 ( +1 / -0 )

Bass:. But go into the oil industry tech industry making 50-80K starting, have less taxes, more land, freedom to eat meat, more guns, ICE, the rule of law, invest become self-employed, opportunities to grow and expand on entrepreneurial prospects, what's not to love?

Yep. Go for it. It's not like you're getting a 6-figure job from Google near San Fran. Time for you to leave Cali. You don't really have a place there anymore.

And Texas has $500 rent.

4 ( +4 / -0 )

And Texas has $500 rent.

And cheaper parking rates for the jet! But doctor visits require a Cali visit. The doc's in Texas don't make the cut. Cheaper rates for home schooling the kids.

2 ( +2 / -0 )

I dont want any ILLEGAL people.

They just ought to be honest about it - we don't care what your reason for coming to the US - we don't want any brown people...

-2 ( +0 / -2 )

And cheaper parking rates for the jet! But doctor visits require a Cali visit. The doc's in Texas don't make the cut. Cheaper rates for home schooling the kids.

Huh? Lol

I dont want any ILLEGAL people.

Even Mexico doesn’t want it.

-2 ( +0 / -2 )

I dont want any ILLEGAL people.

Your team is even trying to reduce the legal immigrants: https://www.salon.com/2019/08/12/trump-administration-introduces-rule-to-restrict-legal-immigration-based-on-use-of-public-benefits/

2 ( +2 / -0 )

I want legal immigrants, but I think given the fact the liberals refuse to do anything and allowed this crisis to fester we are in this mess. We need to slow the process down, let those that are her properly acclimate into the society, get as many illegals out and then start the process again legally and we should definitely focus on illegals that can carry their own, educated and can financially take care of themselves without burdening the tax payer.

-3 ( +0 / -3 )

I want legal immigrants

Dear leader is trying to restrict them. How dare you go against his wishes.

2 ( +3 / -1 )

I want legal immigrants,

Good.

but I think given the fact the liberals refuse to do anything and allowed this crisis to fester we are in this mess

No. The last major immigration reform was in 1986. How many times have republicans controlled congress since then?

Liberals tried twice in 2013 to at least begin addressing the issues, but were twice defeated by conservatives.

All of this means you blaming only liberals is very misguided and uneducated.

2 ( +2 / -0 )

I dont want any ILLEGAL people.

Lucky for you there is no such thing as an illegal person.

1 ( +1 / -0 )

Didn't Obama deport more illegals than Trump is doing?

2 ( +2 / -0 )

The numbers of illegals entering the country have fallen since 2002 but once again have increased since Trump became president.

1 ( +1 / -0 )

The only people who hate it are those who can't afford to live there.

That's not exactly true. I have family members in California that hate it there, now. They have more than adequate resources to comfortably live there but just can't abide with what their home has been turned into. Other members of my family who love California and would like nothing more than spending their lives and raising their families there, have had to move because they have been priced out of their own communities.

Right now, according to the Supplemental Poverty Measure, California has the highest poverty rate in the US. At around 20% that means there are around 8 million Californians "who can't afford to live there". And among the one in five Californians who are living that reality, Blacks, Hispanics and especially children constitute the majority.

I gotta say,"The only people who hate it are those who can't afford to live there." smacks of some serious economic elitism. But don't forget if you chase out all the po' folks, who's gonna pick your kale or make your next avocado toast?
-1 ( +0 / -1 )

No. The last major immigration reform was in 1986. How many times have republicans controlled congress since then? 

Don’t worry, I blame the Repubs to an extent, but the Democrats here and the now have not done anything to stop the flow of illegals and still won’t do anything, but it’s ok, once the SC rules again on this in Trump’s favor we can proceed to get this wall up and stop the bleeding

Liberals tried twice in 2013 to at least begin addressing the issues, but were twice defeated by conservatives.

Of course since the liberals didn’t want to shut down any of the loopholes that could completely and ultimately stop illegal immigration in its tracks.

All of this means you blaming only liberals is very misguided and uneducated.

From a liberal skewed one sided opinionated political viewpoint they would think that.

-1 ( +0 / -1 )

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