A federal appeals court denied President Donald Trump’s request to strike down a lower judge’s order to block the administration’s asylum ban for migrants who enter the country illegally.
The 9th Circuit Court of Appeals late Friday said Trump’s new rules limiting who can seek asylum go against U.S. law, and are attempt at an “end-run around Congress.”
“Just as we may not, as we are often reminded, ‘legislate from the bench,’ neither may the Executive legislate from the Oval Office,” Judge Jay Bybee, a President George W. Bush appointee, wrote for the majority.
The court, which has frequently come under fire by Trump as being too liberal, voted 2-1 against the president.
In November, Trump signed a proclamation saying only migrants who present themselves to official ports of entry along the Southwest border can claim asylum. Migrants who cross illegally, he said, would be held until deportation.
Administration officials said Trump had the authority to institute the new rule in the same way he had authority to implement a travel ban to people from majority Muslim countries. U.S. law, though, says the government must accept all asylum claims.
Immigration advocates, though, sued the Trump administration over the rules, saying they are illegal and put people’s lives in danger.
U.S. District Court Judge Jon S. Tigar of the Northern District of California agreed, implementing a temporary restraining order on the ban.
The American Civil Liberties Union, one of the organizations involved in the lawsuit, praised the 9th Circuit’s ruling.
“The decision to keep the ban blocked is consistent with the laws made by Congress and will save lives,” the organization tweeted.
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