President Donald Trump’s administration told the U.S. Supreme Court on Tuesday to allow his order to bar asylum for immigrants who come to the United States unlawfuly start despite litigation over the matter proceeds.
The U.S. Justice Department told the court to remove a temporary restraining order against the asylum rules passed by San Francisco-based U.S. District Judge Jon Tigar. Trump has taken a heavy hand toward legal and illegal immigration since assuming office last year.
Mentioning what he described as an overpowered immigration system, Trump passed a declaration on Nov. 9 that authorities process asylum claims only for migrants crossing the southern U.S. border at an official port of entry. Tigar blocked the rules on Nov. 19, drawing Trump’s ire.
The San Francisco-based 9th U.S. Circuit Court of Appeals declined on Friday to remove Tigar’s injunction awaiting an appeal by the administration, stating the government “has not established that it is likely to prevail.”
The Justice Department noted in its request to the Supreme Court that the injunction cripled the government’s effort to re-establish control over the southern border and decrease illegal crossings.
Trump passed his proclamation alongside a new administration rule that successfully prohibited asylum for migrants crossing from Mexico outside a port of entry. The policy came as the government looked for ways to stop thousands of Central Americans traveling in caravans to run away violence and poverty at home from entering the United States.
Immigrant rights groups instantly sued, debating the policy violated federal immigration and administrative law.
In his ruling, Tigar disclosed that Congress plainly mandated that immigrants were qualified for asylum undermining where they enter the country.
The ruling provoked Trump to blast the 9th Circuit as a “disgrace” and dismiss Tigar as an “Obama judge.” Tigar was appointed to the bench by former President Barack Obama, a Democrat.
That condemnation resulted to an extraordinary rebuke by U.S. Chief Justice John Roberts, who issued a public response to Trump.
Roberts said “We do not have Obama judges or Trump judges, Bush judges or Clinton judges,” a conservative who was appointed by Republican former President George W. Bush.