California Federal Judge Jon S. Tigar has issued a restraining order against the policy of denying asylum to migrants that the Trump administration wants to enforce. According to the Judge, the policy would likely violate federal laws on asylum eligibility.
The administration implemented the policy to combat the Central American caravan’s arrival, where thousands of migrants are expected to enter the U.S. illegally between ports of entry and claim asylum.
The federal judge in northern California, who was nominated to the federal bench in 2012 by former President Barack Obama, says the president cannot change asylum policy unilaterally.
“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 wrote, adding that the “failure to comply with entry requirements such as arriving at a designated port of entry should bear little, if any, weight in the asylum process.”