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Of Associated Press
SAN FRANCISCO – A US appeals court split late on Friday refused to immediately allow the Trump administration to impose an asylum ban on immigrants who illegally cross the US-Mexico border.
The ban is inconsistent with an existing US law and an attempted run-off around the Congress, a jury of the 9th Court of Appeals of the US circuit declared in a 2-1 decision.
"Just as we can not, as we are often reminded," legislate from the bench ", nor the executive can legislate from the Oval Office," 9th Circuit Judge Jay Bybee, appointed by the Republican president George W. Bush, wrote for the majority.
A spokesman for the United States Department of Justice, Steven Stafford, had no comment. But he referred to a previous statement that defined the broken asylum system and said the department did not see the time to "continue to defend the legitimate and well-motivated exercise of its authority to tackle the crisis. at the southern border ".
The November 9th proclamation of President Donald Trump is being questioned, banning anyone who crossed the US-Mexico border between official ports of entry from the asylum application. Trump issued the proclamation in response to the caravans of migrants approaching the border.
A lower court judge temporarily blocked the ban and later refused to reinstate it immediately. The administration appealed to the 9th Circuit for immediate suspension of the provisional provisional order of Judge Jon Tigar of 19 November.
According to a dissident opinion, on October 9, Circuit Judge Edward Leavy stated that the administration "has adopted legal methods to deal with current rampant problems at the southern border". Nothing in the law that the majority cited prevented a law that categorically prohibited admissibility for asylum based on how a person entered the country, said Leavy, nominated by Republican President Ronald Reagan.
In his ruling of November 19, Tigar sided with legal groups who claimed that federal law is clear that immigrants in the United States can apply for asylum regardless of whether they entered the law.
The president "can not rewrite immigration laws to impose a condition that Congress has expressly forbidden," said the judge in his order.
The ruling led to an unusual public dispute between Trump and Justice Chief John Roberts after Trump fired Tigar – a nominee for Trump's predecessor – as an "Obama judge".
Roberts responded by stating that the federal judiciary has no "Obama judges or Trump judges, Bush judges or Clinton judges".