Appeals court declines to revive asylum ban
A divided U.S. appeals court late Friday refused to immediately allow the Trump administration to enforce a ban on asylum for any immigrants who illegally cross the U.S.Mexico border.
The ban is inconsistent with an existing U.S. law and is an attempted end-run around Congress, a panel of the U.S. Court of Appeals for the 9th Circuit said in a 2-to-1 decision.
“Just as we may not, as we are often reminded, ‘ legislate from the bench,’ neither may the Executive legislate from the Oval Office,” 9th Circuit Judge Jay Bybee, a nominee of Republican President George W. Bush, wrote for the majority.
A spokesman for the U.S. Justice Department, Steven Stafford, referred to an earlier statement that called the asylum system broken and said the department looked 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.”
At issue is President Trump’s Nov. 9 proclamation that barred anyone who crossed the U.S.Mexico border between official ports of entry from seeking asylum. Trump issued the proclamation in response to caravans of migrants approaching the border.
A lower-court judge temporarily blocked the ban on Nov. 19 and later refused to immediately reinstate it. The administration appealed to the 9th Circuit for a stay of that order.