SCOTUS Allows Trump Admin To Impose Harsh Requirement On Asylum Seekers

SCOTUS Allows Trump Admin To Impose Harsh Requirement On Asylum Seekers

The Supreme Court cleared the way Wednesday for the Trump administration to deny asylum to migrants from other countries who traveled through Mexico before reaching the USA, giving the administration a major win as it tries to stop the border surge.

The policy, issued in July, was meant to discourage migrants from Central American who have streamed north in recent months, prepared to make iffy asylum claims and counting on the backlogged US system and lax standards for initial asylum claims to earn them a foothold in the U.S. They have repeatedly accused migrants of preferring to seek asylum in the US, rather than in the countries along their journey that might be able to offer them safe haven. Tigar, an appointee of President Barack Obama, first halted the policy in July, saying the injunction "would vindicate the public's interest - which our existing immigration laws clearly articulate - in ensuring that we do not deliver aliens into the hands of their persecutors".

The justices' order late Wednesday temporarily undoes a lower-court ruling that had blocked the new asylum policy in some states along the southern border.

The top court stayed a decision by a lower court two days earlier that had blocked the restrictions, which require migrants seeking asylum in the United States to make their request in a country along their route.

Tigar's decision prompted three judges on the 9th Circuit to tighten Tigar's order so only Arizona and California would be under its rubric. This amendment gave the administration the authority to enforce the policy on asylum seekers arriving in New Mexico and Texas. Tigar issued a new order on Monday that reimposed a nationwide hold on asylum policy.

Justices Sonia Sotomayor and Ruth Bader Ginsburg noted their dissent.


"Once again the Executive Branch has issued a rule that seeks to upend longstanding practices regarding refugees who seek shelter from persecution", Justice Sotomayor wrote.

She also said, "The rule the government promulgated topples decades of settled asylum practices and affects some of the most vulnerable people in the Western Hemisphere - without affording the public a chance to weigh in".

Most migrants attempting to cross the southern border through Mexico and Central America are fleeing violence and poverty, but the majority of them are ineligible under the new rule, according to experts.

The rule would bar nearly all migrants from applying for asylum at the southern border.

Critics of the new administration policy, such as the American Civil Liberties Union (ACLU), continue to claim this one is even more restrictive than the first.

"The lives of thousands of families are at stake", Gelernt said in a statement.

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