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.
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The Military Times reported on Nov. 21 that a White House memorandum had authorized the use of force by troops stationed at the U.S.-Mexico border. Secretary of Homeland Security Kirstjen Nielsen and Chief of Staff John Kelly reportedly raised concerns over the constitutionality of the authorization, Politico writes.
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.
Three immigrant advocacy organizations represented by the American Civil Liberties Union have filed a lawsuit in the Northern District of California against the president, the Justice Department, Homeland Security Department and other government agencies alleging that the Trump administration's proclamation and rule on asylum applications violates the Immigration and Nationality Act and the Administrative Procedures Act.
While the Supreme Court rejected statutory arguments against Trump’s travel ban in Trump v. Hawaii, the statutory case against the new asylum proclamation is more pointed.
On Thursday, the Departments of Justice and Homeland Security announced an amendment to the rules governing asylum requests rendering ineligible for asylum those who attempt to enter the United States in violation of an order issued under Section 212(f) or 215(a)(1) of the Immigration and Nationality Act. Those statutes give the president certain authorities to restrict the entry of aliens to the United States.
Inquiring minds want to know.
While the president can’t unilaterally revise the Constitution and overturn Supreme Court precedent, he can still create an enormous mess by trying.
The 5,000-person migrant caravan that has made so much news reflects only 10 percent of the monthly total of people requesting asylum or apprehended at the U.S.-Mexico border.
The oral argument suggests at least three possible outcomes.