Supreme Court says Trump administration can begin denying migrants asylum at southern border
Source: Washington Post
The Trump administration can begin denying asylum requests from migrants at the southern border who have traveled through Mexico or another country without seeking protection there, after the Supreme Court lifted a lower courts block on the new restriction. The justices put on hold a lower courts ruling that the administrations rule change could not be enforced pending additional legal action because it likely ran afoul of administrative law requirements.
Only Justices Sonia Sotomayor and Ruth Bader Ginsburg noted their disapproval of the action. Once again the Executive Branch has issued a rule that seeks to upend longstanding practices regarding refugees who seek shelter from persecution, wrote Sotomayor. Although this Nation has long kept its doors open to refugees and although the stakes for asylum seekers could not be higher the Government implemented its rule without first providing the public notice and inviting the public input generally required by law.
Trumps policy is one of the administrations most significant efforts to deter asylum seekers at the southern border, and it is one of multiple tools federal immigration officials have deployed to prevent families and other asylum seekers from entering the United States. A record number of Central American families have sought asylum during the past year, and most have been released to await court hearings, thwarting Trumps efforts to curb a new wave of migrants. The Justice Department says more than 436,000 pending cases include an asylum application.
The Trump administration announced the change in July, and four immigrant-rights groups quickly challenged it. A federal district judge in California ruled that the law was likely invalid because it is inconsistent with federal law. He also said it violated the Administrative Procedures Act, and issued a nationwide injunction. A panel of the 9th Circuit said the judge went too far. The policy likely violated the APA, it said, but the injunction should be limited to states within the 9ths Circuit jurisdiction. That meant the rule change could not be implemented along the California and Arizona borders. The other southern border states, New Mexico and Texas, are in different circuits, and a U.S. Citizenship and Immigration Services official speaking on background said the new rule is being applied in those border areas.
Read more: https://beta.washingtonpost.com/politics/courts_law/supreme-court-says-trump-administration-can-begin-denying-migrants-asylum-while-legal-fight-continues/2019/09/11/94b90da4-d017-11e9-8c1c-7c8ee785b855_story.html
Full headline: Supreme Court says Trump administration can begin denying migrants asylum at southern border while legal fight continues
Original article -
September 11, 2019 at 6:15 p.m. EDT
Requiring migrants to seek protection in other countries first is among the administrations most significant efforts to stem a surge of asylum seekers hoping to enter the United States through Mexico. Immigrant advocacy groups quickly challenged the move after it was announced in July.
This is a developing story. It will be updated.
https://beta.washingtonpost.com/news/politics/wp/2019/09/11/supreme-court-says-trump-administration-can-begin-denying-migrants-asylum-at-southern-border-while-legal-fight-continues/
hlthe2b
(101,730 posts)Still, this is horrific.
bluestarone
(16,722 posts)Sounds more and more like the RETHUGS NOW own the SC!!
barbtries
(28,702 posts)to stop these crimes against humanity?!
jeez. fuck. FUCK
Optical.Catalyst
(1,355 posts)President Obama was cheated out of one nomination for us. Trump should have never been allowed to take office after the Russians secured his election. He lost the popular vote while breaking several law during his campaign.
former9thward
(31,805 posts)Amishman
(5,541 posts)Breyer is a nationalist streak that comes through occasionally, so that doesn't surprise me much
Kagan going with them does
Optical.Catalyst
(1,355 posts)Trump is poison, and the damage is spreading. I want to see him impeached yesterday.
former9thward
(31,805 posts)Justice Kagan and Beyer voted with the majority. SC justices do not vote automatically on party lines. Last term 40% of the decisions were 9-0.
Drunken Irishman
(34,857 posts)Because Kennedy is still on the court if Hillary wins...
Polybius
(15,239 posts)And let's assume staunch liberals replaced Scalia and Kennedy. We still lose. Roberts, Thomas, Alito, Kagan, and Breyer sided with Trump. Where are you getting 4-4?
Karadeniz
(22,283 posts)Amishman
(5,541 posts)and the few we signed lack any enforcement mechanism.
The 1967 Protocol, which we actually did sign, has no real means of penalizing violations.
The only part of the UN with any real power is the Security Council, which wouldn't normally be involved in this type of thing, and even if they did, the US holds veto power.
MichMan
(11,790 posts)"Only Justices Sonia Sotomayor and Ruth Bader Ginsburg noted their disapproval of the action."
pintobean
(18,101 posts)Freethinker65
(9,934 posts)Trump's actions violated the law, but the 9th circuit can only issue injunctions on States in its district.
Why weren't Trump's actions challenged in the other district courts as well? I am sure lawyers knew this was a possible outcome by only trying it in the 9th Circuit.
former9thward
(31,805 posts)His attempts to create a nationwide injunction were rejected by the 9th circuit. Lawyers only filed where they thought they would get a favorable ruling. If they had filed everywhere there would have been split rulings for and against. The fact that the SC is letting the process go forward while the case is litigated means they will probably favor the administration when it gets to the SC.
LanternWaste
(37,748 posts)"means they will probably favor..."
The diaphanous nature of the potential is tool you seem to use in both directions, predicated only on the convenience it affords you in the moment.
ArizonaLib
(1,242 posts)I am thinking it is a given.
lordsummerisle
(4,649 posts)if it was still around...
Polybius
(15,239 posts)What is up with that? It seems that we only have two rock-solid liberals on the Court now.
Democrats_win
(6,539 posts)snips:
"Although this Nation has long kept its doors open to refugees and although the stakes for asylum seekers could not be higher the Government implemented its rule without first providing the public notice and inviting the public input generally required by law.
Sotomayor wrote in her dissent that her colleagues had taken an extraordinary step to allow the Trump administrations asylum policies to go forward while the case was still under consideration in the federal court system.
By granting a stay, the Court simultaneously lags behind and jumps ahead of the courts below, she wrote. And in doing so, the Court sidesteps the ordinary judicial process to allow the Government to implement a rule that bypassed the ordinary rulemaking process.
Unfortunately, it appears the Government has treated this exceptional mechanism as a new normal. Historically, the Government has made this kind of request rarely; now it does so reflexively.
---
Hope the Supreme Joke's rubber stamp doesn't wear out. Why are they collecting a paycheck if they don't do their job: protect our laws and constitution from this dictator?
IcyPeas
(21,747 posts)he promised he would do this. expect more of it as the next election looms.
Polybius
(15,239 posts)Very odd.