A federal judge in San Francisco on Wednesday issued a nationwide preliminary injunction blocking a new government rule that would prohibit almost all migrants at the southern border from applying for asylum.
U.S. District Judge Jon Tigar wrote that the rule issued by the administration of President Donald Trump last week is “likely invalid because it is inconsistent with the existing asylum laws” enacted by Congress.
Tigar said the rule also appears to violate the requirements of the federal Administrative Procedure Act.
The rule would bar asylum applications from migrants who traveled through another country en route to the southern U.S. border unless they sought and were refused asylum in the transit country.
Unless it is overturned on appeal, Tigar’s order will remain in effect until there is a full trial on a lawsuit filed by the Berkeley-based East Bay Sanctuary Covenant and three other groups.