Supreme Court allows broad enforcement of Trump asylum rule

Clay Curtis
September 12, 2019

The United States Supreme Court sided with the Trump administration on Wednesday in the legal fight over its restrictive policy requiring Central American asylum seekers to apply for asylum in Mexico first before attempting to do so in the U.S.

The Supreme Court's order allows the policy to take effect across the entire U.S. -Mexico border, while nationwide litigation against the rule continues, the court said on September 11.

Justices Ruth Bader Ginsburg and Sonia Sotomayor dissented.

The Trump administration said it was necessary to limit the number of Central American migrants crossing the US southern border via Mexico, citing "an unprecedented surge of" people enter the United States "illegally" and seek asylum when they are caught. The administration has claimed that it would like to shut the gap in between an preliminary asylum screening that most people today move and a ultimate determination on asylum that most men and women do not acquire.

Now this Supreme Court ruling has removed that injunction.

That left the administration free to enforce the policy on asylum seekers arriving in New Mexico and Texas. Rather than playing cat and mouse with hundreds of thousands of migrants, this new rule allows the administration to stop them before they're released to the interior.

The policy is meant to address "an unprecedented surge in the number of aliens who enter the country unlawfully across the southern border and, if apprehended, claim asylum and remain in the country while their claims are adjudicated", Solicitor General Noel Francisco wrote in a Supreme Court brief.

Federal election campaign to kick off on Wednesday
Conservative leader Andrew Scheer spoke to reporters in Ottawa on Wednesday morning before flying to Trois-Rivières, Que. Prime Minister Justin Trudeau address a crowd at a Liberal fundraiser in Brampton, Ont., on Thursday, September 5, 2019.

"Big United States Supreme Court win for the border on asylum", Trump said on Twitter in reaction to the court's order.

The court announced on Wednesday evening it would allow the enforcement of the new rules, pending government appeal of two decisions in the 9th Circuit Court. Tigar, an appointee of President Barack Obama, first halted the policy in July, saying the injunction "would vindicate the public's interest - which our existing immigration laws clearly articulate - in ensuring that we do not deliver aliens into the hands of their persecutors".

The high-courtroom motion lets the administration to impose the new coverage nearly everywhere though the court docket circumstance towards it proceeds.

Facing a surge in asylum claims by Central American and other migrants who have been crossing the southern U.S. border in record numbers, the Trump administration has been desperate to clamp down.

This includes, but is not limited to, those from Central American countries who have made up the vast majority of those seeking asylum so far this year.

It's known migrants from Central America are unlikely to be granted asylum by Mexico or another country on the road to the US southern border. Under the new policy, they would fail the test unless they sought asylum in at least one country they traveled through and were denied.

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