In an order laced with language accusing President Donald Trump of attempting to rewrite immigration laws, a federal judge based in San Francisco temporarily blocked the government late Monday night from denying asylum to those crossing over the southern border between ports of entry.
“Whatever the scope of the President’s authority, he may not rewrite the immigration laws to impose a condition that Congress has expressly forbidden,” Tigar wrote, adding that asylum seekers would be put at “increased risk of violence and other harms at the border” if the administration’s rule is allowed to go into effect.
“There is no justifiable reason to flatly deny people the right to apply for asylum, and we cannot send them back to danger based on the manner of their entry,” he said.
Earlier this month, the President issued a proclamation referring to “large, organized groups” who were traveling through Mexico and “reportedly intend to enter the United States unlawfully or without proper documentation and to seek asylum.”
It said that those seeking entry can only do so temporarily at recognized ports of entry to allow for “orderly processing” and denied entry to those at any other location along the southern border.
“But aliens who enter the United States unlawfully through the southern border in contravention of this proclamation will be ineligible to be granted asylum,” the President wrote.
“The arrival of large numbers of aliens will contribute to the overloading of our immigration and asylum system and to the release of thousands of aliens into the interior of the United States,” the proclamation read.