SF Examiner file photoThe suit alleges that an officer used excessive force following an arrest.

SF Examiner file photoThe suit alleges that an officer used excessive force following an arrest.

Judge issues stay on partial asylum ban

A federal judge issued a stay to the Trump Administration’s partial asylum ban on Monday night, according to U.S. District Court officials.

The ruling was delivered by U.S. District Judge Jon Tigar and American Civil Liberties Union officials called it an initial victory in a lawsuit being filed by four groups, led by the East Bay Sanctuary Covenant.

The temporary restraining order will be in effect until Tigar holds another hearing on whether to issued a preliminary injunction.

The ban was issued by the Trump Administration in response to a caravan of Central American immigrants approaching the southern border of the United States and intending to claim for asylum when arriving at the southern border. The ban mandates that immigrants either in the U.S. or outside of it applying for asylum must do so at a designated entry point.

Trump’s proclamation cited the caravan of Central American migrants now approaching the Mexican border and said the measure was needed to prevent “overloading of our immigration and asylum system.”

“This ban is illegal, will put people’s lives in danger, and raises the alarm about President Trump’s disregard for separation of powers,” ACLU attorney Lee Gelernt said in a statement. “There is no justifiable reason to flatly deny people the right to apply for asylum, and we cannot send them back to danger based on the manner of their entry. Congress has been clear on this point for decades.”

The asylum restriction stems from a combination of a rule issued by the Trump Administration on Nov. 8 and the president’s proclamation the next day. The rule, issued on an emergency basis, authorized the president to issue a proclamation denying asylum eligibility to people who cross the border with Mexico illegally. The president then did so.

The government contends the immediate rule was allowed under a foreign affairs exception because the administration is negotiating with Mexico about a possible “safe third country” agreement in which immigrants would be required to apply for asylum in Mexico first.

Known as East Bay Sanctuary Covenant v. Trump, the lawsuit also accuses the Trump Administration with violating the Immigration and Nationality Act – which mandates that anyone attempting to claim asylum in
the U.S. can do so at any port of entry – as well as the Administrative Procedure Act by not allowing a 30-day public comment period.

The other defendants of the case are Al Otro Lado, Innovation Law Lab and the Central American Resource Center in Los Angeles.CaliforniaUS

If you find our journalism valuable and relevant, please consider joining our Examiner membership program.
Find out more at www.sfexaminer.com/join/

Just Posted

Diners at Teeth, a bar in the Mission District, on July 9, 2021. Teeth began using digital menus based on QR code technology in August. (Ulysses Ortega/The New York Times)
The football stadium at UC Berkeley, on Saturday, Sept. 26, 2020. George Kliavkoff, a former top executive at MGM Resorts International, took over the conference at the start of the month. (Jim Wilson/The New York Times)
What’s Ahead for the Pac-12? New commissioner weighs in

‘Every decision we make is up for discussion. There are no sacred cows.’

The sidewalk on Egbert Avenue in the Bayview recently was cluttered with car parts, tires and other junk. <ins>(Kevin N. Hume/The Examiner)</ins>
New surveillance effort aims to crack down on illegal dumping

’We want to make sure we catch people who are trashing our streets’

As the world reeled, tech titans supplied the tools that made life and work possible. Now the companies are awash in money and questions about what it means to win amid so much loss. (Nicolas Ortega/The New York Times)
How tech won the pandemic and now may never lose

By David Streitfeld New York Times In April 2020, with 2,000 Americans… Continue reading

Most Read