The Trump administration signals compliance with non-refoulement by instituting a process that imposes an unprecedentedly high burden of proof for those who fear persecution in Mexico.
Latest in Asylum
The denial means that the administration will have to first seek review of Judge Tigar’s injunction in the U.S. Court of Appeals for the Ninth Circuit.
Judge John Tigar’s decision echoes his previous emphasis, and that of the U.S. Court of Appeals for the Ninth Circuit, on the plain language of the Immigration and Nationality Act.
Judge Jay Bybee relied on the plain meaning of the Immigration and Nationality Act in denying the government’s request to stay a temporary restraining order against new limitations on asylum.
The Temporary Restraining Order Against Trump’s Asylum Ban: Statutory Structure and Agency Discretion
The executive branch does not have the authority to categorically deny asylum applications not submitted at recognized points of entry.