Legal Reporter
LA Times
http://enewspaper.latimes.com/infinity/article_share.aspx?guid=b683ac87-c10e-4278-9894-269d94563603
Maura Dolan reports for the LA Times:
By Maura Dolan
SAN FRANCISCO — A federal judge reinstated a nationwide injunction Monday against a Trump administration rule that would deny asylum to most immigrants at the southern border.
U.S. District Judge Jon S. Tigar, citing the need for a uniform immigration policy, issued a 14-page decision explaining why the injunction should not be limited to the Western states within the U.S. 9th Circuit Court of Appeals.
Trump’s new rule makes migrants ineligible for asylum if they passed through another country en route to the U.S. and failed to apply for protection in that country. Most asylum seekers come from Central America.
Tigar first issued a nationwide injunction against the rule in July, but a three-judge 9th Circuit panel decided 2 to 1 to narrow it to the states within the circuit. The appeals court said Tigar had failed to justify the need for a nationwide order.
As a result, border officials in California and Arizona were not allowed to apply the new rule against asylum seekers, but agents in Texas and New Mexico could.
The American Civil Liberties Union, the Center for Constitutional Rights and the Southern Poverty Law Center returned to Tigar’s courtroom last week and asked him to document the need for a nationwide order.
The 9th Circuit has said it would hold a hearing on the case in December.
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So, the rule is now suspended even outside the 9th Circuit, at least until December when the 9th Circuit takes up the case again. But, what about those who were “processed” outside the 9th Circuit during the ill-advised “limitation of the injunction” by the 9th Circuit?
The Administration’s cowardly “war on refugees and asylum seekers” is causing mass confusion, chaos in the courts, and human misery every day.
PWS
09-10-19Dolan