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Supreme Court blocks Trump bid to enforce asylum policy

Pedestrians weave through an encampment of migrants occupying the Paso Del Norte Bridge on November 4, 2018 in El Paso, Texas. (Photo by AFP)

The Supreme Court has refused to restore the Trump administration’s restrictions on asylum for people who cross the US-Mexico border illegally.

In a 5-4 ruling Friday that marks the second setback this week for efforts to tighten immigration rules, the Supreme Court upheld a federal judge's order to block the hardline policy.

On November 19, US District Judge Jon Tigar in San Francisco, California blocked the policy with 9th US Circuit Court of Appeals agreeing afterwards.

Chief Justice John Roberts provided the critical vote against the administration, joining the four liberal justices, Ruth Bader Ginsburg, Stephen Breyer, Elena Kagan and Sonia Sotomayor, in denying the request.

(Seated from left) Associate Justices Stephen Breyer, Clarence Thomas, Chief Justice John Roberts, Ruth Bader Ginsburg and Samuel Alito; (standing from left) Associate Justices Neil Gorsuch, Sonia Sotomayor, Elena Kagan and Brett Kavanaugh (Photo via BBC)

"It's a major blow to the Trump administration and sends a strong signal that there are at least five justices who agree with the district court that the asylum ban exceeds the President's statutory authority," said Steve Vladeck, CNN Supreme Court analyst and professor at the University of Texas School of Law.

“The Supreme Court’s decision to leave the asylum ban blocked will save lives and keep vulnerable families and children from persecution. We are pleased the court refused to allow the administration to short-circuit the usual appellate process,” said Lee Gelernt, a lawyer for the American Civil Liberties Union, which challenged the policy.

This comes a day after Homeland Security Secretary Kirstjen Nielsen announced it would send migrants that cross the southern borders back to Mexico so they cannot "disappear" on the US soil.

"Aliens trying to game the system to get into our country illegally will no longer be able to disappear into the United States, where many skip their court dates,” Nielsen said in a statement on Thursday.

"Instead, they will wait for an immigration court decision while they are in Mexico. 'Catch and release' will be replaced with 'catch and return,'" she added.

On Wednesday, a different judge blocked another policy that restricted asylum claims by immigrants, citing gang or domestic violence in their home countries.


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