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: 348496

Reported Deaths: 7556
CountyCasesDeaths
Hinds24427446
DeSoto23439283
Harrison21066330
Rankin15704292
Jackson15597252
Madison11114227
Lee10855179
Jones9181169
Forrest8960160
Lauderdale8008244
Lamar719489
Lowndes7167151
Lafayette6604125
Washington5629140
Pearl River5336153
Oktibbeha500998
Bolivar4989134
Warren4803128
Panola4801112
Marshall4725106
Pontotoc451473
Hancock438088
Union437179
Monroe4361137
Neshoba4351181
Lincoln4212116
Pike3711113
Leflore3668125
Tate354688
Alcorn353974
Sunflower350794
Adams345388
Scott344676
Yazoo342476
Copiah329868
Simpson325191
Itawamba316780
Coahoma314985
Tippah312568
Prentiss301863
Covington300184
Marion288681
Leake287875
Wayne280043
George276751
Grenada271388
Newton265964
Tishomingo240370
Winston237884
Stone234138
Jasper233148
Attala228173
Chickasaw220860
Holmes202274
Clay201154
Clarke188180
Tallahatchie185442
Calhoun183032
Smith182635
Yalobusha173141
Walthall149049
Lawrence145226
Greene141835
Amite138643
Noxubee136735
Perry135638
Montgomery133744
Carroll126831
Webster122632
Jefferson Davis118734
Tunica115827
Benton107225
Claiborne105731
Kemper103529
Humphreys101733
Franklin88324
Quitman85619
Choctaw82819
Wilkinson79332
Jefferson71928
Sharkey51818
Issaquena1736
Unassigned00

Alabama Coronavirus Cases

Cases: 589110

Reported Deaths: 11536
CountyCasesDeaths
Jefferson856031591
Mobile49268864
Madison37603533
Shelby27362257
Tuscaloosa27208465
Montgomery26252627
Baldwin25567329
Lee17260181
Calhoun15429334
Morgan15199291
Etowah14981370
Marshall13136235
Houston12112293
Elmore10946219
St. Clair10793252
Limestone10750158
Cullman10566205
Lauderdale10266254
DeKalb9517192
Talladega8972188
Walker7817288
Autauga7585114
Jackson7406117
Blount7382139
Colbert6721142
Coffee6382132
Dale5673117
Russell481343
Chilton4785117
Covington4763125
Franklin459081
Tallapoosa4525156
Escambia443883
Chambers3968125
Dallas3749163
Clarke371663
Marion3465107
Pike333079
Lawrence3267100
Winston299373
Bibb290965
Geneva285983
Marengo262767
Barbour252061
Pickens245762
Butler241472
Hale235978
Fayette227265
Henry214845
Monroe203041
Randolph201944
Cherokee199548
Washington185239
Macon170752
Crenshaw169458
Clay166559
Cleburne161545
Lamar151238
Lowndes145855
Wilcox132331
Bullock126542
Conecuh122132
Coosa118429
Perry110828
Sumter110433
Greene99137
Choctaw64425
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