Supreme Court denies WH request to immediately enforce asylum ban

Supreme Court upholds block on Trump’s asylum ban
Supreme Court upholds block on Trump’s asylum ban

24 December, 2018

"These measures are created to channel asylum seekers to ports of entry, where their claims can be processed in an orderly manner; deter unlawful and unsafe border crossings; and reduce the backlog of meritless asylum claims", U.S. Solicitor General Noel Francisco argued in court papers.

The Justice Department expressed disappointment with the decision, saying the 25 nationwide injunctions against Mr Trump administration policies were "unprecedented". "They have escaped the law, undermined the system, and made it harder for us to actually help real asylum-seekers by flooding the system with false claims".

Donald Trump's immigration ban on Central Americans rejected by the Supreme Court on Wednesday.

Trump has said he was acting in response to caravans of migrants making their way to the border.

The highest court in the United States ruled by a count of five to four to prevent the Trump administration's proposed policy to deny some migrants the ability to seek asylum from taking effect.

Roberts, Jr., did not vote along with the Court's other conservatives to grant the government request.

The decision leaves in place lower-court rulings that blocked the administration from automatically denying asylum to people who do not go through official border crossings. Justices Ruth Bader Ginsburg, Elena Kagan, Sonia Sotomayor, Stephen Breyer, and Chief Justice John Roberts all ruled against Trump, While Justices Samuel Alito, Clarence Thomas, Neil Gorsuch, and Brett Kavanaugh dissented.

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Last month, Roberts had rebuked Trump for his criticism of the judiciary and spoken out strongly in defense of its independence: "We do not have Obama judges or Trump judges, Bush judges or Clinton judges", Roberts had said. "What we have is an extraordinary group of dedicated judges doing their level best to do equal right to those appearing before them".

"Several minutes later, he continued, ".are so many opposing view (on Border and Safety) cases filed there, and why are a vast number of those cases overturned.

Solicitor General Noel Francisco asked the Supreme Court to greenlight the regulations pending appeal because he said they are "designed to channel asylum seekers to ports of entry, where their claims can be processed in an orderly manner; deter unlawful unsafe border crossings; and reduce the backlog of a meritless asylum claims".

Nielsen made the announcement at a House Judiciary Committee hearing, telling the committee that the goal is to crack down on migrants falsely claiming asylum, only to be released into the US and escape the radar of immigration officials. The legal fight on that could return to the Supreme Court.

This week, the U.S. announced that it would send some asylum seekers back to Mexico to wait out their immigration hearings, a move rights groups say will put migrants and refugees in danger.

On Friday, the Supreme Court refused the request.

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