The plain language of the law allows for any alien in the United States, no matter how they entered, can apply for asylum while following applicable statutes. The judge used this, along with Treaty obligations that the United States has as a basis for his ruling.
A federal judge in California issued a temporary restraining order (TRO) against the Trump administration’s new asylum rules early Tuesday morning.
U.S. District Court Judge Jon Tigar said that Congress extended asylum eligibility to all comers, and the president may not impose contrary terms.
“Whatever the scope of the president’s authority, he may not rewrite the immigration laws to impose a condition that Congress has expressly forbidden,” Tigar’s decision reads. Tigar is an Obama appointee to the federal trial court in San Francisco.
President Donald Trump issued an order on Nov. 9 denying asylum for all foreign nationals who enter the country illegally for a 90-day period. The ACLU challenged the proclamation in court, arguing it violates the Immigration and Nationality Act (INA) and the Administrative Procedure Act (APA).