Ap­peals court de­clines to re­vive asy­lum ban

The Washington Post - - NEWS -

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.

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