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Thomas Gallatin / Nov. 20, 2018

An Obama Judge Blocks Trump's Asylum Order

The president won't be able to limit asylum requests only to those who legally enter the country.

In a bid to prevent the caravan of Central American migrants from crossing the U.S. southern border illegally, President Donald Trump ordered that no asylum requests be accepted or processed for such illegally crossing individuals. Only asylum requests made at legal ports of entry would be accepted for review. Trump’s order was aimed at closing a loophole that has been increasingly exploited by illegal aliens seeking to gain access into the U.S. On Monday, however, a federal judge in the sanctuary city of San Francisco blocked Trump’s order, ruling that it violated the law. In his ruling, Judge Jon Tigar, an Obama appointee, wrote, “The rule barring asylum for immigrants who enter the country outside a port of entry irreconcilably conflicts with the INA and the expressed intent of Congress. Whatever the scope of the President’s authority, he may not rewrite the immigration laws to impose a condition that Congress has expressly forbidden.”

The law in question is the 1965 Immigration and Nationality Act, which states that any foreigner arriving in the U.S. “whether or not at a designated port of arrival” may apply for asylum. Obviously, greater clarity will need to be brought over the question of legal versus illegal entry into the country. That said, this is clearly another blow to Trump and his attempt to stem the problem of illegal immigration and the immediate threat posed by the swelling caravan currently sitting across the border in Tijuana, Mexico.

Since Democrats are the party of de facto open-border absolutists, they are sure to cheer this latest setback for Trump, ignoring the ongoing abuse of our nation’s sovereignty. How else does one explain Democrats’ creation and support for “sanctuary cities,” their despicable smear of equating ICE with the racist KKK, their continued rejection of building a border wall, and their constant willful conflation of the terms illegal and legal. Moreover, they regularly label Trump and Republicans as racist, anti-immigrant bigots for insisting on upholding the nation’s laws.

Meanwhile, Homeland Security officials noted that at least 500 known criminals are among the 6,000 members of the caravan currently waiting in Tijuana and that “most of the caravan members are not women and children.” In other words, the majority of these individuals will not meet the standards for legitimately receiving asylum, but thanks to an Obama judge, they can still cross illegally and apply.

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