HOUSTON (AP) – A judge has ordered the U.S. government not to enforce a ban on asylum for people who cross the southern border illegally, another court setback for the Trump administration’s efforts to impose new immigration restrictions without congressional approval.
U.S. District Judge Jon Tigar agreed Monday with legal groups that immediately sued after President Donald Trump issued a Nov. 9 proclamation saying anyone who crossed the southern border between official ports of entry would be ineligible for asylum. The administration argued that caravans of migrants approaching the southern border made the new restrictions immediately necessary.
“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.
Trump stopped family separations at the border earlier this year after a global outcry, but it was a federal judge who ruled the administration had to reunify the families. Another judge rejected the administration’s request to try to detain migrant families in long-term facilities.
Monday’s ruling remains in effect for one month, barring an appeal. In limiting asylum, Trump used the same powers he used to impose a travel ban – the third try was ultimately upheld by the Supreme Court.