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

Sentencing hearings begin as Prince Rupert man pleads guilty to possession of child pornography

Mike Christopher Hagen charged with possession of child pornography earlier this year

PRPA Community Investment Fund hits its target once again

Prince Rupert Port Authority contributes $29,500 to revitalization of Rod and Gun Club

Prince Rupert guide fined $2K in first conviction under new federal whale protection laws

Scott Babcock found guilty of approaching a North Pacific humpback whale at less than 100 metres

Chevron’s move to exit Kitimat LNG project a dash of ‘cold water’ for gas industry

Canada Energy Regulator approved a 40-year licence to export natural gas for Kitimat LNG

COUNCIL: City of Prince Rupert planning to consider borrowing money, new RCMP online crime reporting

More: MacLean Magazine crime stats not surprising but misleading: RCMP, Nyugen gets ceremony

EXCLUSIVE | Ron MacLean on Prince Rupert: “A kaleidoscope for the eyes”

Rogers Hometown Hockey host on Canucks, B.C.’s First Nations story and hockey’s new reflection phase

WEB POLL: Is hockey part of your identity as a Canadian?

Prince Rupert is Hometown Hockey! Is the sport part of your national identity?

The Northern View presents Santa Shops Here in Prince Rupert

More reasons to spend your shopping dollars locally

Process to identify those killed in Gabriola plane crash could take days

Canadian flight museum suggests Alex Bahlsen of Mill Bay died in Tuesday’s crash

‘Honest mistake:’ RCMP says B.C. cannabis shop can keep image of infamous Mountie

Sam Steele wearing military, not RCMP uniform in image depicted in Jimmy’s Cannabis window

B.C. conservation officers put down fawn blinded by pellet gun on Vancouver Island

Young deer found near construction site in Hammond Bay area in Nanaimo, B.C.

Laid-off forest workers converge on B.C. legislature

Loggers call for action on strike, provincial stumpage

Feds urge Air Canada to fix booking problems as travel season approaches

The airline introduced the new reservation system more than three weeks ago

Almost 14,000 Canadians killed by opioids since 2016: new national study

17,000 people have been hospitalized for opioid-related poisoning

Most Read