Trump administration to appeal judge’s order blocking asylum ban

The Trump administration said in a filing Tuesday that it will appeal a judge’s decision halting the president’s proclamation preventing certain immigrants from claiming asylum.

The Department of Justice (DOJ) filed a notice with the federal District Court for the Northern District of California indicating it will appeal the decision in the 9th Circuit Court of Appeals. The DOJ asked the judge in a separate request to put its temporary restraining order on hold while it appeals the court’s decision.

U.S. District Court Judge Jon Tigar earlier this month sided with East Bay Sanctuary Covenant and three other organizations that help refugees of President Trump’s policy prohibiting immigrants who cross the southern border illegally from claiming asylum, granting their request for a temporary restraining order.

DOJ attorneys argued in their request Tuesday that the court’s temporary restraining order, which lasts for 30 days, undermines the president’s determination that an immediate temporary suspension of entry between ports of entry is necessary to address the ongoing and increasing crisis facing our immigration system.

“The injunction undermines the Executive Branch’s efforts, including its international diplomatic efforts, to encourage the large number of aliens transiting Mexico—who, rather than properly presenting themselves at a port of entry, violate our criminal law and endanger themselves, any children accompanying them, and U.S. law enforcement officers by crossing illegally into the country, as recent events have amply demonstrated—to simply follow our laws,” they argued.

DOJ argued the departments of Justice and Homeland Security have broad and express authority over asylum.

Lee Gelernt, an attorney at the American Civil Liberties Union (ACLU) representing the organizations fighting the administration, said ACLU “will vigorously oppose the stay request, so that people’s lives are not put in danger.”

Cases from the District Court for Northern California get appealed to the 9th Circuit. After Tigar’s order,Trump blasted the appeals court, claiming cases filed there are an “automatic loss” for his administration.

He also complained that the injunction was delivered by an “Obama judge,” prompting a rare rebuke from Supreme Court Chief Justice John Roberts.