Here we go again. The Ninth Circuit Appeals Court has issued a ruling against Trump again, but there’s a twist.
They sided with the ACLU on Trump’s ban on illegal aliens applying for asylum:
A divided U.S. appeals court late Friday refused to immediately allow the Trump administration to enforce a ban on asylum for any immigrants who illegally cross the U.S.-Mexico border.
The ban is inconsistent with an existing U.S. law and an attempted end-run around Congress, a panel of the 9th U.S. Circuit Court of Appeals said in a 2-1 decision.
“Just as we may not, as we are often reminded, ‘legislate from the bench,’ neither may the Executive legislate from the Oval Office,” 9th Circuit Judge Jay Bybee, a nominee of Republican President George W. Bush, wrote for the majority.
The ACLU is surely happy:
Here’s what they upheld:
A lower court judge temporarily blocked the ban and later refused to immediately reinstate it. The administration appealed to the 9th Circuit for an immediate stay of Judge Jon Tigar’s Nov. 19 temporary restraining order.
In a dissenting opinion Friday, 9th Circuit Judge Edward Leavy said the administration “adopted legal methods to cope with the current problems rampant at the southern border.” Nothing in the law the majority cited prevented a rule categorically barring eligibility for asylum on the basis of how a person entered the country, Leavy, a nominee of Republican President Ronald Reagan, said.
So at least for now, Trump’s restriction on asylum applications will go into force. Really the remedy here is for Congress to get off its @$$ and pass a bill on immigration. So much of our politics has been motivated by anger over this one issue, and they just can’t get anything done on it. It’s pathetic.
BUT there is a bright side – Trump having such a hard line on the migrant caravans worked. Eventually they gave up and they’re turning back. That is a huge success given how Democrats would have wanted to just welcome them all in with open arms…