U.S. judge stalls enforcement of Trump asylum restrictions

HOUSTON—A judge has ordered the U.S. government not to enforce a ban on asylum for people who cross the southern border illegally, another court setback for the Trump administration’s efforts to impose new immigration restrictions without congressional approval.

U.S. District Judge Jon Tigar agreed Monday with legal groups that immediately sued after President Donald Trump issued a Nov. 9 proclamation saying anyone who crossed the southern border between official ports of entry would be ineligible for asylum. The administration argued that caravans of migrants approaching the southern border made the new restrictions immediately necessary.

“Whatever the scope of the President’s authority, he may not rewrite the immigration laws to impose a condition that Congress has expressly forbidden,” said Tigar, a nominee of former President Barack Obama.

Trump stopped family separations at the border earlier this year after a global outcry, but it was a federal judge who ruled the administration had to reunify the families. Another judge rejected the administration’s request to try to detain migrant families in long-term facilities.

Monday’s ruling remains in effect for one month, barring an appeal. In limiting asylum, Trump used the same powers he used to impose a travel ban—the third try was ultimately upheld by the Supreme Court.

A joint statement by Homeland Security and the Justice Department said the Supreme Court had already shown the president had the legal right to restrict asylum.

“Our asylum system is broken, and it is being abused by tens of thousands of meritless claims every year,” the departments said. “We look forward to continuing to defend the Executive Branch’s legitimate and well-reasoned exercise of its authority to address the crisis at our southern border.”

Homeland Security Secretary Kirstjen Nielsen, speaking at a San Diego news conference, called the ruling “dangerous” and expressed confidence it would be overturned on appeal.

Whether asylum seekers would try now to enter between official ports of entry was unclear. One immigrant waiting at the official border crossing vowed to stay in line regardless of the ruling.

“I’ve always taken the correct path, and I’m not going to do something illegal now,” said Byron Torrez, 28, of Nicaragua.

Torrez said he fled Nicaragua after someone threw acid at him during a government protest. He said he did not travel with any of the caravans.

“I think it is good that the court did this because a lot of people cross illegally, not to break the law, but because they believe you have to get to the U.S. first before requesting asylum,” he said.

The regulations were put in place in part to stop what the government says are loopholes that allow thousands of people to avoid deportation.

Associated Press ■ U.S. and California state flags fly Monday behind the border wall, seen from Tijuana, Mexico. Tensions have built as nearly 3,000 migrants from a caravan poured into Tijuana in recent days after more than a month on the road—and with many more months likely ahead of them while they seek asylum in the U.S. The federal government estimates the number of migrants could soon swell to 10,000.