Federal court upholds block on Trump asylum ban

A federal appeals court on Friday said it would not lift an injunction that is blocking the Trump administra...

Posted: Dec 9, 2018 9:24 AM
Updated: Dec 9, 2018 9:24 AM

A federal appeals court on Friday said it would not lift an injunction that is blocking the Trump administration's asylum ban from going into effect.

Trump signed a presidential proclamation last month that would bar migrants who illegally cross into the US through the southern border from seeking asylum outside of official ports of entry. But a federal judge in San Francisco temporarily blocked the measure, arguing that it "irreconcilably conflicts" with immigration law and the "expressed intent of Congress."

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A panel of judges on the 9th US Circuit Court of Appeals said Friday that the lower court's temporary injunction should remain in place. The majority held that the Trump administration's proclamation is "likely inconsistent with existing United States law."

The temporary restraining order, which is effective nationwide, will remain in place until December 19, when the lower court judge has scheduled another hearing, or further order of the court.

The 9th Circuit panel sympathized at times with some of the government's arguments but said that the law is clear.

"We are acutely aware of the crisis in the enforcement of our immigration laws," the panel said. "The burden of dealing with these issues has fallen disproportionately on the courts of our circuit. And as much as we might be tempted to revise the law as we think wise, revision of the laws is left with the branch that enacted the laws in the first place—Congress."

The panel also emphasized that the litigation was at an early stage.

Lee Gelernt, an American Civil Liberties Union lawyer representing the challengers, praised the ruling.

"The 9th Circuit's decision to keep the asylum ban blocked is consistent with the decision Congress has made and will save lives," he said.

The Department of Justice declined to comment Friday night. Instead, a spokesperson referred CNN to an earlier statement from department spokesman Steven Stafford and Department of Homeland Security spokeswoman Katie Waldman.

"Our asylum system is broken, and it is being abused by tens of thousands of meritless claims every year," the statement read. "As the Supreme Court affirmed this summer, Congress has given the President broad authority to limit or even stop the entry of immigrants into this country."

The 2-1 opinion was penned by Jay Bybee, a George W. Bush appointee, joined by Andrew Hurwitz, an Obama appointee. Edward Leavy, a Reagan appointee, dissented.

Mississippi Coronavirus Cases

Data is updated nightly.

Cases: 296745

Reported Deaths: 6783
CountyCasesDeaths
DeSoto19731230
Hinds18881393
Harrison16780282
Rankin12787265
Jackson12643229
Lee9703161
Madison9484203
Jones8005147
Forrest7250138
Lauderdale6847227
Lowndes6033140
Lamar590980
Lafayette5747113
Washington5229130
Bolivar4620124
Oktibbeha442194
Panola432396
Pearl River4193132
Warren4138115
Pontotoc410771
Marshall404492
Monroe3993128
Union396474
Neshoba3822170
Lincoln3564104
Hancock350277
Leflore3389119
Sunflower319286
Tate303374
Pike301796
Scott295271
Alcorn292463
Yazoo290865
Itawamba290275
Coahoma282069
Tippah279565
Copiah279259
Simpson276680
Prentiss271158
Wayne254541
Leake253172
Marion252778
Covington249780
Grenada248578
Adams235078
George232445
Newton231252
Winston221979
Jasper213845
Tishomingo212965
Attala206870
Chickasaw201453
Holmes182770
Clay179251
Stone173029
Tallahatchie171439
Clarke169672
Calhoun158528
Smith153033
Yalobusha145536
Greene127933
Walthall124540
Noxubee123131
Montgomery122939
Perry122235
Lawrence120621
Carroll119025
Amite112235
Webster111132
Jefferson Davis102731
Tunica99523
Claiborne99129
Benton93924
Humphreys93027
Kemper90423
Quitman77414
Franklin76219
Choctaw69817
Jefferson62827
Wilkinson62427
Sharkey49117
Issaquena1676
Unassigned00

Alabama Coronavirus Cases

Cases: 498076

Reported Deaths: 10094
CountyCasesDeaths
Jefferson716711387
Mobile36294737
Madison32616468
Tuscaloosa24340421
Montgomery22739519
Shelby22174218
Baldwin19873289
Lee15039157
Calhoun13832293
Morgan13753254
Etowah13390325
Marshall11448211
Houston10124264
Elmore9483190
Limestone9420138
St. Clair9022227
Cullman8984182
Lauderdale8612214
DeKalb8489175
Talladega7606165
Walker6585259
Jackson6545104
Autauga632492
Blount6236127
Colbert6001121
Coffee5264103
Dale4671107
Russell406933
Franklin399878
Covington3993106
Chilton3898103
Escambia379173
Tallapoosa3622143
Clarke344053
Chambers3431111
Dallas3422142
Pike293373
Marion288695
Lawrence284985
Winston258368
Bibb246160
Geneva240370
Marengo238857
Pickens225457
Barbour213651
Hale212269
Fayette202057
Butler201466
Henry183541
Cherokee178039
Monroe166739
Randolph164840
Washington156836
Macon147745
Crenshaw146255
Clay145954
Cleburne139841
Lamar133733
Lowndes132751
Wilcox122925
Bullock117336
Conecuh107024
Perry106127
Sumter99732
Coosa90224
Greene88532
Choctaw55323
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