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.

Just Posted

Neonatal nurse practitioner joins NICU care team

Babies requiring specialized care at Red Deer Hospital have extra set of hands caring for them

The old Greyhound Bus Depot is being demolished

The Red Deer building has been around for decades

Official torchbearers for 2019 Canada Winter Games announced

Canada Games officials open time capsule from Grande Prairie Games in 1995

Alberta Health Services, United Nurses of Alberta reach agreement to settle union grievance of nursing staffing shortage

Settlement includes the designation of 11.7 full-time-equivalent Registered Nurse relief positions

UPDATE: Two 12-year-olds have been found safe in Airdrie

Public tips were received which led the RCMP to locate the children this morning

UK lawmakers reject Brexit deal in 432-202 vote

House of Commons votes against the deal struck between Britain’s government and the EU

WATCH: World-renowned illusionist, magician, escapist performs in Stettler

Matt Johnson performs two sold-out shows at Stettler Performing Arts Centre

Olivia and Liam top list for Alberta baby names in 2018

Premier Rachel Notley announced the top baby names in Alberta in 2018; Loki didn’t make the cut

Edmonton Police charged 236 people with auto theft in 2018

Police states many of the thefts are crimes of opportunity

Woman’s complaint leads to sexual assault charge against Calgary priest

Malcolm Joe D’Souza, who is 62, has been charged with one count of sexual assault

Saudi teen who was granted asylum in Canada says she’s a lucky one

Rahaf Mohammed Alqunun was fleeing abusive family back home

New migrant caravan sets out from Honduras for U.S.

Caravan has about 300 people, mainly women and children

British Parliament nears historic vote on Brexit

A ‘no’ vote would throw British politics into further turmoil

Most Read