Judge Says Immigrants Who Enter U.S. Illegally Cannot Be Denied Asylum

Honduran migrants take part in a caravan towards the United States

President Donald Trump has suffered another setback after a federal judge put a hold on a policy that made it harder for migrants who entered the United States illegally to request asylum. A presidential proclamation was issued on November 9th that said that any migrants seeking asylum must enter the United States at a port of entry. Those who were caught crossing the border illegally could still request asylum but they faced an uphill battle to prove that it is unsafe to return to their home country, and would be unable to request a green card or have their family join them.

The new policy was immediately challenged by numerous legal groups, including the American Civil Liberties Union. Judge Jon Tigar of the U.S. District Court for the Northern District of California agreed with the groups and placed a hold on enforcing the directive until a December 19th court hearing. 

“Whatever the scope of the President’s authority, he may not rewrite the immigration laws to impose a condition that Congress has expressly forbidden,” Judge Tigar said in his 37-page ruling

He pointed out that the migrants who are seeking asylum "will be put at increased risk of violence and other harms at the border" as a result of the policy, adding that the "government offers nothing in support of the new rule that outweighs the need to avoid these harms."

Photo: Getty Images


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