Posted on September 12, 2019

Supreme Court Gives Donald Trump a Win in His Immigration Crackdown

Lawrence Hurley and Daniel Trotta, Reuters, September 12, 2019

The U.S. Supreme Court on Wednesday granted a request by President Donald Trump’s administration to fully enforce a new rule that would curtail asylum applications by immigrants at the U.S.-Mexico border, a key element of his hardline immigration policies.

The court said the rule, which requires most immigrants who want asylum to first seek safe haven in a third country through which they traveled on their way to the United States, could go into effect as litigation challenging its legality continues.

Among the nine judges on the court, liberal Justices Sonia Sotomayor and Ruth Bader Ginsburg dissented.

The White House said in a statement that they are pleased with the decision.

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The court’s ruling handed a victory to Trump at a time when much of his immigration agenda had been struck down by lower courts. {snip}

The rule would bar almost all immigrants from applying for asylum at the southern border. It represents the latest effort by Trump’s administration to crack down on immigration, a signature issue during his presidency and 2020 re-election bid.

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Eight days after the rule went into effect in July, California-based U.S. District Judge Jon Tigar issued a nationwide injunction blocking it.

Then began a back-and-forth between Tigar and the 9th Circuit, which scaled back the injunction so that the Trump rule was blocked in the border states of California and Arizona while in effect in Texas and New Mexico.

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They were both trumped by Supreme Court, which will allow the asylum restriction to remain in place until the underlying legality of the rule is determined at trial.

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The Republican president’s administration issued the rule in an attempt to reduce the surging number of asylum claims primarily by Central American migrants who have crossed the U.S.-Mexico border in large numbers during his presidency.

The rule would block nearly all families and individuals from countries like El Salvador, Honduras and Guatemala from entering the United States as asylum seekers after crossing through Mexico. The rule would keep asylum protections for Mexican citizens.

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In the administration’s request to fully enforce the rule, U.S. Solicitor General Noel Francisco asked the Supreme Court to issue a stay blocking the injunction while litigation over the issue proceeds because the judge’s order interferes with the government’s authority to establish immigration policy.

The administration said the rule screens out asylum claims that are unlikely to succeed and ‘deters aliens without a genuine need for asylum from making the arduous and potentially dangerous journey from Central America to the United States.’

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