Central American migrants sweep outside the shelter where they are staying in Tijuana, Mexico, Sunday, Nov. 18, 2018. (AP Photo/Marco Ugarte)

Judge bars US from enforcing Trump asylum ban

Protesters accused the migrants of being messy, ungrateful and a danger to Tijuana; complained about how the caravan forced its way into Mexico, calling it an “invasion.”

A federal judge barred the Trump administration from refusing asylum to immigrants who cross the southern border illegally.

President Donald Trump issued a proclamation on Nov. 9 that said anyone who crossed the southern border between official ports of entry would be ineligible for asylum. As the first of several caravans of migrants have started arriving at the U.S.-Mexico border, Trump said an asylum ban was necessary to stop what he’s attacked as a national security threat.

But in his ruling Monday, U.S. District Judge Jon Tigar agreed with legal groups that immediately sued, arguing that U.S. immigration law clearly allows someone to seek asylum even if they enter the country between official ports of entry.

“Whatever the scope of the President’s authority, he may not rewrite the immigration laws to impose a condition that Congress has expressly forbidden,” said Tigar, a nominee of former President Barack Obama.

The Department of Homeland Security did not immediately comment on the ruling, which will remain in effect for one month barring an appeal. In issuing the ban, Trump used the same powers he used last year to impose a travel ban that was ultimately upheld by the Supreme Court.

Read more: Migrants streaming into Tijuana, but now face long stay

Read more: Tired and angry, migrant caravan splinters in Mexican state

If enforced, the ban would potentially make it harder for thousands of people to avoid deportation. DHS estimates around 70,000 people a year claim asylum between official ports of entry. But Tigar’s ruling notes that federal law says someone may seek asylum if they have arrived in the United States, “whether or not at a designated port of arrival.”

“Individuals are entitled to asylum if they cross between ports of entry,” said Baher Azmy, a lawyer for the Center for constitutional Rights, which sued the government alongside the American Civil Liberties Union. “It couldn’t be clearer.”

Around 3,000 people from the first of the caravans have arrived in Tijuana, Mexico, across the border from San Diego, California. U.S. Customs and Border Protection said Monday that it closed off northbound traffic for several hours at the San Ysidro crossing. It has also installed movable, wire-topped barriers, apparently to stop a potential mass rush of people.

As of Monday, 107 people detained between official crossings have sought asylum since Trump’s order went into effect, according to DHS, which oversees Customs and Border Protection. Officials didn’t say whether those people’s cases were still progressing through other, more difficult avenues left to them after the proclamation.

DHS has said it wants asylum seekers at the southern border to appear at an official border crossing. But many border crossings such as San Ysidro already have long wait times. People are often forced to wait in shelters or outdoor camps on the Mexican side, sometimes for weeks.

ACLU lawyer Lee Gelernt said that some people seeking asylum cross between official ports because “they’re in real danger,” either in their countries of origin or in Mexico.

“We don’t condone people entering between ports of entry, but Congress has made the decision that if they do, they still need to be allowed to apply for asylum,” he said.

___

Associated Press journalists Jill Colvin and Colleen Long in Washington contributed to this report.

Nomaan Merchant, The Associated Press

Like us on Facebook and follow us on Twitter.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Nanaimo, Royal Jubilee to be Vancouver Island’s COVID-19 frontline hospitals

Other Island hospitals will be admitting COVID-19 patients and will be used in a support role

Port Hardy’s annual summer festival FILOMI Days cancelled due to COVID-19 pandemic

Port Hardy’s biggest community celebration happens every year from July 17 to 19.

Reflecting on life during a pandemic

‘This is really a once in a lifetime moment where everything has come to a grinding halt’

B.C. firefighters only responding to most life-threatening calls during COVID-19 pandemic

The directive comes after province spoke with paramedics, fire services, according to top doctor

Here’s how to talk to people who aren’t taking physical distancing seriously

Approach the conversation with empathy says conflict expert

B.C. clears more acute hospital beds as COVID-19 case growth slows

Province holding about 40% of beds empty for peak still to come

75-year-old woman rescued from Cowichan Lake

Victim taken to hospital, but expected to recover

Not to become bored the game plan for COVID-19

Board game with an Island map developed by Island family just the remedy for filling time at home

As 500K+ apply for emergency benefit, Trudeau says aid coming for Canadians left behind

Canada Emergency Response Benefit provides $2,000 per month

UPDATE: UK PM Boris Johnson moved to intensive care after COVID-19 symptoms worse

He has been quarantined in his Downing St. residence since being diagnosed with COVID-19 on March 26

Travellers, travel agents ‘in agony’ over refund policies and customer service

Many Canadian carriers are offering customers flights rebookings or travel vouchers — but not refunds

Introverted and extroverted kids likely to react differently to COVID-19 restrictions

B.C. child psychologist says your parenting approach can’t be one-size fits all in social isolation

Most Read