https://www.nationalreview.com/corner/san-francisco-based-obama-judge-blocks-trump-asylum-order/
It took a few more days than I expected, but a San Francisco-based federal judge appointed by President Obama issued an order last night barring the administration from enforcing the asylum restrictions President Trump announced on November 9. U.S. District Judge Jon Tigar ruled that the president had unlawfully attempted to rewrite congressional law. (Mind you, these are the same federal judges who are striving to enshrine President Obama’s DACA program, an actual presidential rewrite of congressional law.)
Judge Tigar claims that by temporarily prohibiting illegal aliens from seeking asylum and requiring that asylum be sought at official ports of entry, the president imposed conditions “that Congress has expressly forbidden.” To the contrary, Trump was acting pursuant to a sweeping grant of legislative authority (Section 1182(f) of the immigration laws) which, the Supreme Court held only five months ago, vests the president with power to suspend entry and impose entry conditions when, in his judgment, the national interests require it. It is not a rewrite of congressional law; it is an action pursuant to congressional law, taken in order to respond to a significant security problem at the southern border. Under the terms of Trump’s order, the restrictions lapse after 90 days, at which point the status quo is to be restored (unless conditions on the ground warrant an extension), and illegal aliens can go back to filing fraudulent asylum claims whenever and wherever they please.
Tigar’s predictable judicial usurpation of immigration and border security policymaking authority will no doubt be appealed to the Ninth Circuit, which will no doubt endorse the district judge’s gambit.
To repeat what I wrote ten days ago:
As I write on Friday, the restraining order hasn’t come down yet. But it’s just a matter of time. Some federal district judge, somewhere in the United States, will soon issue an injunction blocking enforcement of the Trump administration’s restrictions on asylum applications.