WASHINGTON, D.C. – President Trump’ has had a major win, after the Supreme Court order the ending of injunctions that had blocked his asylum ban. The ban was for anyone trying to enter the U.S. by traveling through a third country.
The Supreme Court ruling allows enforcement of the Trump administration rule that stops third country travellers from seeking asylum in the United States.
The justices’ order undoes a lower-court ruling that had blocked the new asylum policy in some states along the southern border.
The Supreme Court’s order was not a final ruling but does allow the policy to take effect nationwide.
President Trump tweeted that the ruling was a “BIG United States Supreme Court WIN for the Border on Asylum!”
BIG United States Supreme Court WIN for the Border on Asylum! https://t.co/9Ka00qK1Ob
— Donald J. Trump (@realDonaldTrump) September 11, 2019
The administration had argued in a brief to the Supreme Court Tuesday that unless the nationwide injunction is lifted, it “would severely disrupt the orderly administration of an already overburdened asylum system.”
The rules issued by the Trump administration in July apply to most migrants who pass through another country before reaching the United States.
They target tens of thousands fleeing violence and poverty who cross Mexico each month to seek asylum in the US. The ruling affects asylum seekers from Africa, Asia and South America who arrive regularly at the southern border.
The Shift Reversed Decades of U.S. Policy
U.S. present law allows refugees to request asylum when they reach the U.S. regardless of how they arrived.
The crucial exception is for those who have come through a country considered to be “safe.” The law is vague on how a country is determined to be safe. It says pursuant to a bilateral or multilateral agreement.
People are generally eligible for asylum in the U.S. if they credibly fear return to their home country.
The vast majority of asylum claims are denied, however, and the administration has said the system is being abused. As a means of economic and humanitarian relief when it was intended to be used for limited and extraordinary cases.
The Trump administration has reason for optimism now that the case is back in the 9th Circuit. The San Francisco-based appellate court has seven Trump-appointed federal judges. More than any other federal appellate bench.
Transformation of the court, which has 29 seats, is largely the result of Trump’s push to nominate conservative judges. Trump has bypassed traditional consultations with Senate Democrats.