A federal judge late Monday night issued a temporary nationwide restraining order barring enforcement of the Trump administration’s policy of denying asylum to migrants who cross into the U.S. illegally between ports of entry.
According to Judge Jon S. Tigar of the U.S. District Court in San Francisco, the policy imposed by the President Trump would likely violate federal laws on asylum eligibility, the Washington Post reported.
Tigar’s order will remain in effect until Dec. 19, and then the court will consider options for a permanent order. Based on previous rulings on this issue, the Trump administration is likely to appeal the adverse decision.
Trump’s policy was announced Nov. 9, and since last month the White House has been considering changing the way the U.S. considers sanctuary to people fleeing persecution from their home countries.
The administration implemented the policy to combat the Central American caravan’s arrival, where thousands of migrants are expected to enter the U.S. illegally between ports of entry and claim asylum.
The federal judge in northern California, who was nominated to the federal bench in 2012 by former President Barack Obama, says the president cannot change asylum policy unilaterally.
“Whatever the scope of the President’s authority, he may not rewrite the immigration laws to impose a condition that Congress has expressly forbidden,” Tigar wrote, adding that the “failure to comply with entry requirements such as arriving at a designated port of entry should bear little, if any, weight in the asylum process.”
