Federal judge in San Francisco temporarily blocks Trump’s orders re the caravan and asylum seekers
This should come as no surprise whatsoever:
A federal judge in San Francisco late Monday temporarily halted President Donald Trump’s move to restrict asylum at the U.S.-Mexico border, dealing another blow to the administration’s immigration agenda.
Judge Jon Tigar’s ruling suspends implementation of a fast-track regulation and presidential proclamation issued Nov. 9 that barred migrants who cross the border between ports of entry from seeking asylum. The order will remain in effect until Dec. 19, when the court will consider arguments for a permanent ban.
The court’s ruling—which may or may not stand—seems to throw the entire issue back to Congress. By the way, I am nearly 100% certain that had Obama issued a similar order, this very same judge would have ruled differently.
I don’t think Congress will be acting on this in a way that assists Trump. If they did, they’d have to do it extremely quickly, before the new Democratic-majority House is seated. And I’m not even sure that the current GOP-majority House would support Trump on this, although I suppose it might. Same for the GOP-controlled Senate, although that control will continue in the new Congress.
If the judge’s order ends up being confirmed by later court rulings, these caravans will continue to be organized and sent by activist leftists in Latin America. The caravans have many purposes in addition to the obvious ones of affecting US demographics and ultimately voting behavior. One big one is to take up a great deal of the border control’s time and effort sorting through the asylum applications that every single one of the “migrants” will submit. Separating the wheat from the chaff is a tedious and lengthy task, and either the criteria will be loosened and a lot of bogus asylum claims will be granted, or stricter standards will be in place and the MSM and the left will set up a constant drumbeat of propaganda sob stories. Win/win for the left and the open borders crew, except for the possible backlash.
[NOTE: Judge Tigar was appointed by Obama in 2012. This underscores the importance of the power to appoint federal judges. Whether you believe his ruling is correct or incorrect, the power of a single federal judge can be very great.]
I saw that the mayor and people of Tijuana are not very happy with the caravanserai. I’m waiting for the left to call them racists. Still waiting… still waiting.
The federal judiciary needs to be stripped of much of its jurisdiction. The capacity of district judges to issue nationwide injunctions needs to go. If Trump just ignores this judge, bully for him.
The Hawaiian judge must have been at the beach.
“… had Obama issued a similar order, this very same judge would have ruled differently.”
You might be right, but maybe because many really feel that Obama was the “chosen one.” In other words, the judge might have ruled the same for Clinton or a future president Biden, but differently for Obama.
Dersh thinks it is a solid ruling. The judge claims that the intent of congress is clear. Sounds solid, but I have no idea what the governing language from congress is. Was it some vague phrase and loophole that judges in the past have driven a convoy of trucks through? This goes back to the Mariel boat lift at least.
Then there is the argument that Trump is implying that this is a national security issue. Well, that’s not completely fallacious, but not rock solid either.
Congress really should act, but the US Chamber of Commerce, the Koch bros., Paul Ryan, Kevin McCarthy, the list goes on; have zero interest in closing the open borders.
Maybe Trump should fall back on some cynical gamesmanship. Just issue another EO that has a slight difference, and then claim it is a whole new case. The White House councils wish to re-argue the new order. Repeat as required.
Art Deco,
Good luck getting Congress to pass legislation that strips the federal judiciary of much of its jurisdiction. The Left has a lock on blocking Congressional reform. It holds the Deep State, the mass media, academia and the ‘educational’ system. Once Trump is gone, the presidency will probably be vulnerable again. Where this all leads is either to another civil war, followed by a Cromwell or… to our very own Maduro. Once one side is dedicated to the destruction of the system through manipulation… compromise and reform become impossible.
physicsguy,
Tucker Carlson had Enrique Acevedo from Univision on last night. You hit the nail on the head. Those Tijuana people are racists, said Mr. Acevedo. Wait … I guess the race of Central America is invading the race of North American Mexico.
If it isnt activist judges,its actual elected officials and their constituents tax money:
https://www.foxnews.com/politics/nj-to-allocate-2-1m-in-aid-for-illegal-immigrants-facing-deportation-governor-says?fbclid=IwAR1MEgkC7OI1tYHwwm5MTAVH3ClkMhEs75Bmek17EzW_esnKbENVjtRgbyE
Congress has already spoken. The judge is saying that Trump is violating the plain language of the law.
I linked to the law on another thread. Iirc, it explicitly mentions that one doesn’t have to be at a designated port in order to apply for asylum. The Trump admin created a rule that says you do.
There’s not much wiggle room here.
Law:
https://www.law.cornell.edu/uscode/text/8/1158
Highlight mine.
Manju:
The point is that Congress has the ability to speak again, and if they wanted to they could speak differently than they spoke before.
I don’t think they will do that, however, as I believe I made clear in my post.
This is the crap that Clarence Thomas warned the circuit court judges about last year.
When a district or circuit court judge throws the entire nation into a legal spin, they are acting like the Supreme Court, which they are not.
This crap has to end.
Speaking of O…and all the penumbras of his 8-year occupation of the Oval Office. He is now saying we can’t fix global warming ‘cos we all got “mommy issues”…amongst other problems he could remedy “off the shelf.”
https://www.nbcnews.com/politics/barack-obama/obama-says-racism-mommy-issues-are-contributing-lack-progress-u-n938406
Nope…don’t miss him one bit.
Judges have way more power than they should have, and every locally-based, two bit judge shouldn’t have the ability to forbid something with national effect.
There has been a lot of talk about breaking up the ultra-liberal 9th Circuit, the most reversed court in the land in operation here.
If I were Trump, breaking up the 9th Circuit would be a major priority, starting right now.
Sooner or later, Trump will have to trigger what the Left and MSM (but I repeat myself) will label a constitutional crisis by telling a Federal Judge to stuff it and get his/her hands off of the Executive Branch.
The fact is that we already have a constitutional crisis. A select group of Brahmans can, and do, routinely over-rule the will of the people, and trample the constitution at will.
These (blank) people (fill in the description of your choice) think that they have a license to twist the law to fit their personal ideology. They seemingly consider the rest of us to be inferiors, who make unwise electoral choices that they must over ride. They are the very definition of Despots; and they are appointed for life.
The most effective remedy would be to place term limits on Federal Judges. The Founders simply erred when they established life appointments (if it were they who did).
Since none of the above remedies will ever come to pass, it is incumbent upon Trump and the GOP controlled Senate, to change the dynamic of the Federal Judiciary as quickly as possible.
My personal definition of a Conservative is a person who believes in Constitutional government. Seems to be a dying breed.
Manju:
The text you quoted specified who may apply for asylum. The primary requirement: “Any alien who is physically present in the United States.”
If the alien is not present in the US, the alien cannot apply for asylum.
The solution is simple: Build the Wall. That’s the most humane way to keep aliens out. There are other, less humane but more effective, methods of keeping the aliens out.
Manju:
Some beg to differ with your legal “analysis,” some who have more credibility than you. Imagine that!
https://www.nationalreview.com/corner/san-francisco-based-obama-judge-blocks-trump-asylum-order/
https://libertyunyielding.com/2018/11/20/migrant-caravan-situation-being-transformed-at-border-as-mexicans-protest-u-s-deters/
Good information on the current status of the invasion.
Om,
McCarthy cites a chapter of US code concerning admissibility. In that chapter, Congress gives POTUS broad power to restrict admission, via a presidential proclamation.
However, the proclamation being litigated concerns asylum…the topic of the chapter that I cited. In that chapter, no such broad powers are assigned…as Congress did not intend to give POTUS the power to change the conditions of asylum.
Manju, om beat me to it but you are not smarter than Andy McCarthy. Sorry.
Judge Tigar claims that by temporarily prohibiting illegal aliens from seeking asylum and requiring that asylum be sought at official ports of entry, the president imposed conditions “that Congress has expressly forbidden.” To the contrary, Trump was acting pursuant to a sweeping grant of legislative authority (Section 1182(f) of the immigration laws) which, the Supreme Court held only five months ago, vests the president with power to suspend entry and impose entry conditions when, in his judgment, the national interests require it. It is not a rewrite of congressional law; it is an action pursuant to congressional law, taken in order to respond to a significant security problem at the southern border. Under the terms of Trump’s order, the restrictions lapse after 90 days, at which point the status quo is to be restored (unless conditions on the ground warrant an extension), and illegal aliens can go back to filing fraudulent asylum claims whenever and wherever they please.
Trump should ignore the ruling of ONE Federal District judge. He should say, “And how will you enforce this infringement, this assault on the Executive Branch?” The three branches of the Federal government are nominally co-equal, and entirely separate. Due to The first Chief Justice in America, the Supremes seized and have maintained the right to interpret the Constitution as it applies to the Executive Branch. One weenie district judge does not have that same right or power.
We are being killed by lawfare and by the Deep State. The Left goes judge-shopping, files before a Leftist judge who ignores his oath of office quite deliberately when ruling for the Leftist plaintiffs.
We Americans all are being throttled by single individuals (judges) with life tenure. The same objection can and has been applied to the Supremes, where one vote (5-4) decides for the nation. That is inherently dictatorial.
It is wrong. It is crazy. It should not stand. Life tenure of Federal judges including the Supremes must be abandoned. Ruth Bader Ginsburg is on the bench in her late eighties? Insane.
Of course the same is true of old geezers in the Congress. Sen. Feinstein, just re-elected at age 85, is as old as Ginsburg. But at least Feinstein’s is the result of a popular vote.
Chief Justice John Roberts of the “tax, not penalty” remark, enabling Obamacare to survive, said this patently absurd remark today: “We do not have Obama judges or Trump judges, Bush judges or Clinton judges. What we have is an extraordinary group of dedicated judges doing their level best to do equal right to those appearing before them. That independent judiciary is something we should all be thankful for.”
Then why is it, Sit John, that Leftist groups always file their anti-Trump cases before Leftist judges, in Hawaii or CA, where a loss can be appealed to the universally-agreed Leftist 9th Circuit Court of Appeals?
Nominating Sir John is a great George W. Bush mistake. Perhaps his worst.
Hilarious that Roberts would assert that judges do not have political leanings, and that those leanings do not effect how they rule on the cases that come before them, because–in far too many instances–they so obviously do.
Case in point, the most liberal court in the nation–the 9th Circuit–whose decisions, according to one tally, have had a 76% reversal rate over the last decade.
I can’t believe that–living and working in D.C–Roberts actually believes this.
Thus, his remark shows his contempt for us, his audience, who he apparently takes to be a bunch of boobs; boobs straight off the Turnip truck, who are naive, uninformed, ignorant of reality, and dumb enough to believe the schiesse that Roberts is dishing out.
To continue–there is the idealistic structure and function of government that–at least in the “olden days of yore” we were taught in school and, then, there is the actual, on the ground, reality of that government and how it actually functions and, unfortunately, that actual government has strayed more and more from the intentions of the founders and that ideal blueprint, and we have to acknowledge and deal with that reality.
Mexico will now accept the migrants that stay on their side of the border.
According to outlines of the plan, known as Remain in Mexico, asylum applicants at the border will have to stay in Mexico while their cases are processed, potentially ending the system Trump decries as “catch and release” that has until now generally allowed those seeking refuge to wait on safer U.S. soil.
“For now, we have agreed to this policy of Remain in Mexico,” said Olga Sánchez Cordero, Mexico’s incoming interior minister, the top domestic policy official for López Obrador, who takes office Dec. 1. In an interview with The Washington Post, she called it a “short-term solution.”…
The manufacturing plants in northern Mexico may want some cheap labor.