Trump Administration Asks Supreme Court To Allow The Enforcement Of Asylum Ban

migrants outside US-mexico border
Mario Tama / Getty Images

President Donald Trump’s administration has asked the Supreme Court to allow a ban on asylum sought by immigrants who have breached the U.S.-Mexico border.

The policy that President Donald Trump announced in November when the Central-American migrant caravan was approaching the U.S. border was temporarily blocked by two federal courts. Per a report by KOB 4, the federal appeal courts in San Francisco said last week that the proposed ban is “inconsistent with federal law” and an “attempted end-run around Congress.”

On Tuesday, the Trump administration filed papers in the court and said that the nationwide order to prevent the policy from being implemented is “deeply flawed and should be lifted pending an appeal that could reach the high court,” the report said.

According to an American Civil Liberties Union solicitor, the plea submitted by the administration to the high court is an “effort to short-circuit the normal judicial process.”

On November 19, when U.S. District Judge Jon Tigar blocked the policy and later refused to let it immediately take effect, President Donald Trump angrily reacted to the decision.

“This was an Obama judge. And I’ll tell you what, it’s not going to happen like this anymore,” Donald Trump said while talking to reporters, per a story by the Washington Post.

Trump’s comment about Obama judges brought a rare rebuke from Chief Justice John G. Roberts Jr., who released a statement through the court’s public information office and said the following in defense of the federal judiciary.

“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.”

In response to the Chief Justice’s comments, President Donald Trump took to Twitter and said, “Sorry Chief Justice John Roberts, but you do indeed have ‘Obama judges,’ and they have a much different point of view than the people who are charged with the safety of our country. It would be great if the 9th Circuit was indeed an ‘independent judiciary’…”

Per the report, Friday’s 9th Circuit ruling, however, doesn’t fit President Trump’s accusation because Circuit Judge Jay S. Bybee was not nominated by Obama but President George W. Bush. He is also considered one of the circuit’s conservative members, the report said.

The court prepared a 65-page ruling where Bybee wrote that it was “the hollowest of rights that an alien must be allowed to apply for asylum regardless of whether she arrived through a port of entry if another rule makes her categorically ineligible for asylum based on precisely that fact.”