TEHRAN, December 08 -A US appeals court has handed President Donald Trump a defeat by refusing to lift an injunction that is blocking his controversial ban on asylum seekers.
TEHRAN, Young Journalists Club (YJC) -A US appeals court has handed President Donald Trump a defeat by refusing to lift an injunction that is blocking his controversial ban on asylum seekers.
Trump signed a presidential proclamation last month that US authorities would not process asylum claims of migrants outside of official ports of entry. Civil rights groups challenged the measure, arguing the November 9 order violated administrative and immigration law.
A federal judge in San Francisco said last month that Trump’s policy "irreconcilably” conflicted with immigration law and the "expressed intent of Congress" and issued a temporary restraining order against the measure.
The US Department of Justice blasted that ruling as "absurd" and asked the 9th US Circuit Court of Appeals to allow the asylum ban to take effect while the lawsuits proceed.
In a blow to the administration, a panel of judges on the appeals court said Friday that the lower court's temporary injunction should remain in place.
The majority held that the administration's proclamation is "likely inconsistent with existing United States law."
"The Executive has attempted an end-run around Congress," wrote Judge Jay Bybee, an appointee of former Republican President George W. Bush.
"The burden of dealing with these issues has fallen disproportionately on the courts of our circuit. And as much as we might be tempted to revise the law as we think wise, revision of the laws is left with the branch that enacted the laws in the first place—Congress," the panel said.
Lee Gelernt, an American Civil Liberties Union lawyer representing the challengers, praised the ruling.
"The 9th Circuit's decision to keep the asylum ban blocked is consistent with the decision Congress has made and will save lives," he said.
The temporary restraining order, which is effective nationwide, will remain in place until December 19, when another hearing has been scheduled.
A Justice Department spokesman responded to the ruling by reiterating a previous statement that, "our asylum system is broken, and it is being abused by tens of thousands of meritless claims every year."
"As the Supreme Court affirmed this summer, Congress has given the President broad authority to limit or even stop the entry of immigrants into this country," the statement read.
Trump has often attacked the 9th Circuit, accusing it of frustrating his agenda, particularly on immigration. The president has characterized a caravan of migrants, waiting to apply for asylum, as an invasion by thugs and criminals, and has deployed troops to the southern border to stop them.
Source: presstv
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