Judge To Rule On Trump's Bid To Partially Block Asylum Seekers

SAN FRANCISCO, CA – A federal judge in San Francisco said late Tuesday that he will rule by Friday on whether to allow the administration of President Donald Trump to reinstate a partial ban on asylum seekers during its appeal of an order blocking the ban.

On Nov. 19, U.S. District Judge Jon Tigar issued a temporary restraining order halting the ban, which would have barred asylum applications from immigrants who did not enter the United States at designated entry points.

On Tuesday, the U.S. Justice Department asked Tigar to stay the temporary restraining order while it appeals to the 9th U.S. Circuit Court of Appeals.

The department argued Tigar's order "undermines the president's determination" that the restriction "is necessary to address the ongoing and increasing crisis facing our immigration system."

The Justice Department also said in its filing that if Tigar didn't rule on whether to grant a stay by Wednesday, it would immediately appeal to the 9th Circuit.

But by late afternoon Tuesday, Tigar ordered the civil rights groups that challenged the ban to file a response by 5 p.m. on Thursday and said he will rule by the end of the day on Friday.

The judge wrote that given that the government waited eight days to ask for a stay, "the court cannot reasonably conclude" that the request had to be decided in one day without an opportunity for the plaintiffs to respond.

Trump issued the restriction in a proclamation on Nov. 9, citing the caravan of Central American migrants approaching the Mexican border and saying the measure was needed to prevent "overloading of our immigration and asylum system."

The action was challenged in a lawsuit filed against Trump and other officials by the East Bay Sanctuary Covenant and three other refugee assistance groups represented by the American Civil Liberties Union.

In the temporary restraining order, Tigar said the ban violated Congress's "clear command" in the U.S. Immigration and Nationality Act, which allows asylum applications from people physically present or arriving in the United States "whether or not at a designated port of arrival."

The refugee assistance groups say that some asylum seekers don't know there are legal entry points, don't know where they are located or have lengthy waits in dangerous conditions at those points.

If the temporary restraining order is not stayed, it will remain in effect until Tigar decides whether to issue a longer-lasting preliminary injunction. He has set a Dec. 19 hearing on that question.

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--Bay City News/PHOTO: A group of migrants gather at the Chaparral border crossing in Tijuana, Mexico as they try to pressure their way into the U.S. (AP Photo/Rodrigo Abd)