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

Skeena Bulkley Valley MP calling for halt on sport fishing licenses to out-of-province fishers

Bachrach and Courtenay-Alberni MP Gord Johns co-signed the letter to the Minister of Fisheries

Bella Coola Heli Sports closed, says no confirmed cases of COVID-19 reported in their operation

The company has committed to informing the community if a case is reported

COVID-19 case confirmed at Subway restaurant in Cache Creek

Customers who visited the site from March 25 to 27 are asked to self-isolate

COVID-19: Community working to address threat; road closures not supported by province

MLA Jennifer Rice says people should be staying home and non-essential travel is not acceptable

Social media a blessing and a curse during time of crisis: B.C. communication expert

‘In moments of crisis, fear is very real and palpable,’ says SFU’s Peter Chow-White

VIDEO: ‘Used gloves and masks go in the garbage,’ says irked B.C. mayor

Health officials have said single-use gloves won’t do much to curb the spread of COVID-19

Sex workers face new risks during COVID-19 pandemic

‘Desperation has kicked in’ for vulnerable, undocumented workers unable to access help

Unclear if Cowichan couple refusing to self-isolate will face penalty

No fines or charges have been laid to date, including Cowichan couple who won’t self isolate

COVID-19: Postponed surgeries will be done, B.C. health minister says

Contract with private surgical clinic to help clear backlog

Black Press Media ad sparks discussion about value of community newspapers

White Rock resident hopes front-page note shines light on revenue loss during COVID-19 crisis

Don’t stop going to the doctor, just do it virtually: B.C. association

Doctors encourage patients to access telephone, online visits

Businesses advised to prepare for federal, B.C. COVID-19 assistance

Canada Revenue Agency portal expected to open next week

Dogs are property, not kids, B.C. judge tells former couple

Court decision made on competing lawsuits over Zeus and Aurora — a pit bull and pit bull cross

Most Read