Central American migrants sweep outside the shelter where they are staying in Tijuana, Mexico, Sunday, Nov. 18, 2018. (AP Photo/Marco Ugarte)

Judge bars US from enforcing Trump asylum ban

Protesters accused the migrants of being messy, ungrateful and a danger to Tijuana; complained about how the caravan forced its way into Mexico, calling it an “invasion.”

A federal judge barred the Trump administration from refusing asylum to immigrants who cross the southern border illegally.

President Donald Trump issued a proclamation on Nov. 9 that said anyone who crossed the southern border between official ports of entry would be ineligible for asylum. As the first of several caravans of migrants have started arriving at the U.S.-Mexico border, Trump said an asylum ban was necessary to stop what he’s attacked as a national security threat.

But in his ruling Monday, U.S. District Judge Jon Tigar agreed with legal groups that immediately sued, arguing that U.S. immigration law clearly allows someone to seek asylum even if they enter the country between official ports of entry.

“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.

The Department of Homeland Security did not immediately comment on the ruling, which will remain in effect for one month barring an appeal. In issuing the ban, Trump used the same powers he used last year to impose a travel ban that was ultimately upheld by the Supreme Court.

Read more: Migrants streaming into Tijuana, but now face long stay

Read more: Tired and angry, migrant caravan splinters in Mexican state

If enforced, the ban would potentially make it harder for thousands of people to avoid deportation. DHS estimates around 70,000 people a year claim asylum between official ports of entry. But Tigar’s ruling notes that federal law says someone may seek asylum if they have arrived in the United States, “whether or not at a designated port of arrival.”

“Individuals are entitled to asylum if they cross between ports of entry,” said Baher Azmy, a lawyer for the Center for constitutional Rights, which sued the government alongside the American Civil Liberties Union. “It couldn’t be clearer.”

Around 3,000 people from the first of the caravans have arrived in Tijuana, Mexico, across the border from San Diego, California. U.S. Customs and Border Protection said Monday that it closed off northbound traffic for several hours at the San Ysidro crossing. It has also installed movable, wire-topped barriers, apparently to stop a potential mass rush of people.

As of Monday, 107 people detained between official crossings have sought asylum since Trump’s order went into effect, according to DHS, which oversees Customs and Border Protection. Officials didn’t say whether those people’s cases were still progressing through other, more difficult avenues left to them after the proclamation.

DHS has said it wants asylum seekers at the southern border to appear at an official border crossing. But many border crossings such as San Ysidro already have long wait times. People are often forced to wait in shelters or outdoor camps on the Mexican side, sometimes for weeks.

ACLU lawyer Lee Gelernt said that some people seeking asylum cross between official ports because “they’re in real danger,” either in their countries of origin or in Mexico.

“We don’t condone people entering between ports of entry, but Congress has made the decision that if they do, they still need to be allowed to apply for asylum,” he said.

___

Associated Press journalists Jill Colvin and Colleen Long in Washington contributed to this report.

Nomaan Merchant, The Associated Press

Like us on Facebook and follow us on Twitter.

Just Posted

B.C. Interior free from measles

Vancouver measles outbreak hasn’t spread to the B.C. Interior

B.C. BUDGET: Surplus $374 million after bailouts of BC Hydro, ICBC

Growth projected stronger in 2020, Finance Minister Carole James says

Back in Time

Historical Perspective

High winds could lead to dangerous snowmobiling conditions

Advice for staying safe on the mountains Family Day weekend

Students give two thumbs up to no more B.C. student loan interest

Eliminating the loan interest charges could save the average graduate $2,300 over 10 years

Alcohol policies fizzle for Canadian governments as harms overflow: reports

About 80 per cent of Canadians drink, and most enjoy a drink or two

Ontario man accused of killing 11-year-old daughter dies in hospital, police say

Roopesh Rajkumar had been hospitalized with what police described as a self-inflicted gunshot wound

Manitoba ‘pauses’ link with ex-B.C. premier Gordon Campbell after allegations

Campbell had been hired to review two major hydro projects

Heritage minute features Japanese-Canadian baseball team, internment

The Vancouver Asahi baseball team won various championships across the Pacific Northwest

UPDATE: Woman, off-duty cop in critical condition after stabbing outside B.C. elementary school

The officer was interceding in an alleged assault when he and the woman were stabbed

$10-a-day child care not in 2019 budget, but advocate not irked

Sharon Gregson with the Coalition of Child Care Advocates of B.C. says NDP on track to deliver promise

B.C. Seniors Advocate questions labour shortage in care homes

Are there really no workers, or are care aide wages too low?

Most Read