STREAMING NOW: Watch Now

Supreme Court clears the way for new asylum restrictions to take effect

The Supreme Court cleared the way for the Trump administration's rule that dramatically limits the ability of Central American migrants to claim asylum to go into effect nationwide while the appeals process plays out.

Posted: Sep 12, 2019 2:59 AM


The Supreme Court cleared the way for the Trump administration's rule that dramatically limits the ability of Central American migrants to claim asylum to go into effect nationwide while the appeals process plays out.

Wednesday's order is a major victory for the administration, which argued the rule was necessary to screen out "asylum seekers who declined to request protection at the first opportunity."

"BIG United States Supreme Court WIN for the Border on Asylum!" President Donald Trump said on Twitter.

The rule, from the Departments of Justice and Homeland Security, prohibits migrants who have resided in or traveled through third countries from seeking asylum in the US, therefore barring people traveling through Mexico from being able to claim asylum.

Justices Sonia Sotomayor and Ruth Bader Ginsburg noted their dissent. Five justices were needed to grant the request; the votes of the others were not publicly announced.

"Once again the Executive Branch has issued a rule that seeks to upend longstanding practices regarding refugees who seek shelter from persecution," Sotomayor wrote, joined by Ginsburg, later referring to "some of the most vulnerable people in the Western Hemisphere."

"Although this Nation has long kept its door open to refugees -- and although the stakes for asylum seekers could not be higher -- the Government implemented its rule without first providing the public notice and inviting the public input generally required," Sotomayor added.

The Supreme Court's order is the latest move in a case that has bounced around between lower courts.

Late Tuesday night, a California federal judge's attempt to issue a nationwide injunction on the asylum restrictions was blocked, in part, for the second time by the 9th US Circuit Court of Appeals.

Amid the back and forth, the Justice Department had asked the Supreme Court to step in.

In her dissent, Sotomayor criticized both the implementation of the new regulation and the majority for ruling before the 9th Circuit could fully resolve the government's emergency request to put the district court's injunction on hold.

"The court," Sotomayor wrote, "side-steps the ordinary judicial process."

Steve Vladeck, CNN Supreme Court analyst and professor at the University of Texas School of Law, agreed the justices are allowing the administration to "jump the queue."

"Once again, the Supreme Court is allowing a controversial Trump administration policy to go into effect even as the legal challenges to the policy proceed through the lower courts," said Vladeck.

The Trump administration has been harshly critical of what it sees as a relatively new judicial phenomenon where a single district judge halts a policy across the country before it can percolate through the lower courts and reach the Supreme Court.

Earlier this month, Attorney General William Barr wrote an opinion piece in The Wall Street Journal pointing out that 20 nationwide injunctions were issued during the Obama administration, while the Trump administration "has already faced nearly 40."

He said that nationwide injunctions, create an "unfair, one-way system in which the democratically accountable government must fend off case after case to put its policy into effect, while those challenging the policy need only find a single sympathetic judge."

The American Civil Liberties Union said in a statement that it will continue to challenge the rule. "We will continue challenging the ban on the merits, because it puts countless lives at risk," said ACLU lawyer Lee Gelernt.

Oregon Coronavirus Cases

Data is updated nightly.

Confirmed Cases: 21774

Reported Deaths: 368
CountyConfirmedDeaths
Multnomah501498
Washington316125
Marion297973
Umatilla231230
Clackamas157144
Malheur82213
Deschutes61610
Lane5963
Jackson4862
Yamhill47013
Lincoln4199
Union3952
Jefferson3774
Morrow3773
Polk32612
Linn29611
Klamath2042
Hood River2010
Wasco1943
Benton1716
Douglas1561
Josephine1242
Columbia1010
Coos910
Clatsop890
Crook501
Baker400
Tillamook340
Lake320
Wallowa191
Curry170
Sherman160
Harney100
Gilliam40
Grant40
Wheeler00
Unassigned00

California Coronavirus Cases

Data is updated nightly.

Confirmed Cases: 578946

Reported Deaths: 10523
CountyConfirmedDeaths
Los Angeles2108744999
Riverside41983820
Orange40527724
San Bernardino36072546
San Diego32975594
Kern24995183
Fresno17846171
San Joaquin13870235
Alameda13631205
Santa Clara12962207
Sacramento12274179
Tulare11549198
Stanislaus10264169
Imperial9867244
Contra Costa9787146
Ventura874093
San Francisco769267
Santa Barbara699672
San Mateo6431122
Merced573670
Monterey549437
Marin540481
Kings445356
Solano427441
Sonoma375350
Madera246339
Placer237724
San Luis Obispo227817
Yolo183444
Santa Cruz12876
Butte12388
Napa112911
Sutter9967
San Benito7654
El Dorado7552
Lassen6830
Yuba6664
Mendocino47210
Shasta46910
Glenn4363
Colusa3965
Nevada3571
Tehama3031
Humboldt2864
Lake2402
Amador1853
Mono1581
Tuolumne1552
Calaveras1471
Inyo1063
Siskiyou1020
Del Norte1000
Mariposa622
Plumas360
Modoc50
Trinity50
Sierra40
Alpine20
Unassigned00
Medford
Clear
88° wxIcon
Hi: 89° Lo: 54°
Feels Like: 88°
Brookings
Clear
60° wxIcon
Hi: 66° Lo: 51°
Feels Like: 60°
Crater Lake
Clear
83° wxIcon
Hi: 76° Lo: 48°
Feels Like: 83°
Grants Pass
Clear
88° wxIcon
Hi: 87° Lo: 55°
Feels Like: 88°
Klamath Falls
Clear
83° wxIcon
Hi: 81° Lo: 44°
Feels Like: 83°
Sunny and warmer Thursday
KDRV Radar
KDRV Fire Danger
KDRV Weather Cam

Community Events