The 9th Circuit is the bane of the Trump administration’s existence. Remember this?
A federal judge has temporarily barred the Trump administration from refusing asylum to immigrants who cross the southern border illegally. https://t.co/Z1DSoTVYvG
— The Associated Press (@AP) November 20, 2018
The policy is pretty straightforward. It’s an asylum ban applying to those who cross our border illegally.
Well, last night, the 9th U.S. Circuit Court of Appeals refused to reinstate the Trump administration’s policy, stating that it was likely “inconsistent” with the current law.
In Friday’s ruling, the 9th Circuit described the Trump administration’s attempt to restore the asylum policy as an effort to bypass Congress.
“Just as we may not, as we are often reminded, ‘legislate from the bench,’ neither may the Executive legislate from the Oval Office,” 9th Circuit Judge Jay Bybee wrote in the majority opinion. Bybee was nominated to his seat by former President George W. Bush.
At issue was Trump’s Nov. 9 move to bar anyone who crossed the U.S.-Mexico border between official ports of entry from seeking asylum. Trump issued the proclamation as migrant caravans traveled closer to the U.S. through Mexico.
But a lower court judge temporarily blocked the ban and later refused to reinstate it. The administration appealed to the 9th Circuit for a stay of Judge Jon Tigar’s Nov. 19 order.
In a dissenting opinion Friday, 9th Circuit Judge Edward Leavy, who was nominated by President Ronald Reagan, said the administration “adopted legal methods to cope with the current problems rampant at the southern border.”
Of course, the ACLU is celebrating.
BREAKING: The Ninth Circuit denied the Trump administration’s request to reinstate its asylum ban in our lawsuit.
The decision to keep the ban blocked is consistent with the laws made by Congress and will save lives.
— ACLU (@ACLU) December 8, 2018
What’s next? We shall see…
h/t Fox News