Judge keeps in place nationwide injunction in asylum case

A federal judge in California on Friday left in place a nationwide injunction that blocks the President's as...

Posted: Dec 1, 2018 8:26 PM
Updated: Dec 1, 2018 8:26 PM

A federal judge in California on Friday left in place a nationwide injunction that blocks the President's asylum restrictions from going into effect.

Judge Jon S. Tigar of the US District Court for the Northern District of California said the government had not shown that the President's policy "is a lawful exercise of Executive Branch authority."

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Lawyers for the Department of Justice had asked Tigar to lift his temporary restraining order -- issued November 19 -- while the appeals process plays out.

But Tigar refused to do so, holding that the government had failed to convince him that asylum seekers with legitimate claims would not suffer "significant harms" due to the new policy.

RELATED: Trump rails against 9th Circuit Court of Appeals in wake of asylum ruling

The move comes after President Donald Trump lashed out last week at Tigar, and said he would ultimately prevail in the case before the Supreme Court.

Earlier this month, Trump signed a proclamation that would have prevented most migrants who crossed the southern border illegally from seeking asylum.

The American Civil Liberties Union immediately sued the administration on behalf of asylum assistance groups in California. Within 10 days of the President's proclamation, Tigar granted the ACLU's request for a temporary restraining order. The policy has since been in legal limbo.

"We are pleased the district court continues to recognize the harm that will occur if this illegal policy goes into effect," ACLU lead attorney Lee Gelernt said in a statement Friday.

Asked for comment, the Justice Department referred CNN to a statement issued by Homeland Security Department spokeswoman Katie Waldman and Justice Department spokesman Steven Stafford after the temporary restraining order was issued, which says in part: "Our asylum system is broken, and it is being abused by tens of thousands of meritless claims every year. As the Supreme Court affirmed this summer, Congress has given the President broad authority to limit or even stop the entry of aliens into this country."

When he issued his order on November 19, Tigar said the Trump administration policy barring asylum for immigrants who enter outside legal checkpoints "irreconcilably conflicts" with immigration law and the "expressed intent of Congress."

"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.

On behalf of the administration, Department of Justice attorneys had argued that the court's injunction "directly undermines the President's determination that an immediate temporary suspension of entry between ports of entry is necessary to address the ongoing and increasing crisis facing our immigration system."

Mississippi Coronavirus Cases

Data is updated nightly.

Cases: 314509

Reported Deaths: 7247
CountyCasesDeaths
DeSoto21626259
Hinds20359415
Harrison17934309
Rankin13634278
Jackson13447246
Madison10099217
Lee9980174
Jones8381163
Forrest7683152
Lauderdale7191241
Lowndes6401147
Lamar623086
Lafayette6200118
Washington5339134
Bolivar4802132
Oktibbeha462798
Panola4588107
Pearl River4512146
Marshall4443103
Warren4393121
Pontotoc420772
Monroe4113133
Union411076
Neshoba4031176
Lincoln3968110
Hancock379386
Leflore3497125
Sunflower336090
Tate334084
Pike3325105
Scott315973
Alcorn313368
Yazoo311669
Itawamba300477
Copiah297065
Coahoma295479
Simpson295288
Tippah288768
Adams286882
Prentiss279760
Marion269280
Leake268373
Wayne262641
Grenada261487
Covington259681
George248048
Newton246861
Winston227281
Tishomingo226967
Jasper221148
Attala214473
Chickasaw207857
Holmes189173
Clay185454
Stone182833
Tallahatchie178841
Clarke178080
Calhoun170832
Yalobusha164338
Smith162434
Walthall133945
Greene130633
Lawrence128624
Montgomery126942
Noxubee126734
Perry126338
Amite123142
Carroll121829
Webster114532
Jefferson Davis107133
Tunica105726
Claiborne102430
Benton99525
Humphreys96733
Kemper95828
Franklin83823
Quitman80916
Choctaw76418
Wilkinson67331
Jefferson65728
Sharkey50217
Issaquena1686
Unassigned00

Alabama Coronavirus Cases

Cases: 532895

Reported Deaths: 11001
CountyCasesDeaths
Jefferson771431528
Mobile41089808
Madison34837505
Tuscaloosa25810454
Montgomery24355588
Shelby23730249
Baldwin21191309
Lee15892171
Calhoun14522316
Morgan14324279
Etowah13861353
Marshall12250223
Houston10581281
Elmore10060205
Limestone9986151
Cullman9705194
St. Clair9702243
Lauderdale9441242
DeKalb8846187
Talladega8255176
Walker7246277
Autauga6938108
Jackson6815112
Blount6694137
Colbert6310134
Coffee5524119
Dale4850111
Russell443238
Chilton4308112
Franklin426282
Covington4136118
Tallapoosa4039152
Escambia393977
Chambers3578123
Dallas3557152
Clarke351161
Marion3130101
Pike311377
Lawrence300798
Winston275673
Bibb261564
Geneva251477
Marengo249664
Pickens234761
Barbour231756
Hale223277
Butler216469
Fayette212562
Henry189044
Cherokee184745
Randolph181742
Monroe178040
Washington167639
Macon159950
Clay156857
Crenshaw152757
Cleburne149141
Lamar142935
Lowndes139053
Wilcox127130
Bullock122841
Conecuh110629
Coosa107928
Perry107826
Sumter104832
Greene92534
Choctaw61124
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