Migrant families cross the Rio Grande to get illegally across the border into the United States, to turn themselves in to authorities and ask for asylum, next to the Paso del Norte international bridge, near El Paso, Texas, Friday, May 31, 2019. The Border Patrol said it has encountered more than 180 groups of over 100 people since October, compared with 13 in the previous 12-month period and two the year before. (AP Photo/Christian Torrez)
It’s almost like the federal judiciary have no respect for constitutional dictations at all.
If you recall, Trump won a surprising victory in the 9th Circuit Court of Appeals last month when they ruled in favor of him implementing new asylum rules that he clearly has the constitutional authority to enact. Those revolved around requiring migrants to apply for asylum in the first safe country they arrive in before proceeding to the United States. This is not only common sense, it’s the world standard and the recommendation of the United Nations (who the left constantly tells us we should listen to). Asylum is not for country shopping. It’s to remove yourself from supposed immediate danger, nothing more.
Well, the very same judge who was slapped down originally decided to throw up a middle finger at the higher court that overruled him previously. He made the same judgement again, blocking Trump’s asylum policies on a national level.
This per Axios.
A California federal judge re-issued a nationwide injunction on Monday, blocking the Trump administration from denying asylum to migrants who have not first applied for refuge in a “third country” they’ve traveled through.
Last month, the 9th Circuit Court of Appeals narrowed federal Judge Jon Tigar’s first preliminary injunction to apply only to the 9th circuit. The move allowed the Trump administration to enforce the policy — which would all but deny asylum to Central American migrants — in Texas and New Mexico. The policy will now be blocked nationwide once again.
To recap, this is a single, low level federal judge who’s jurisdiction does not expand past the 9th circuit. The 9th Circuit Court of Appeals made that clear by narrowing his original ruling and removing the nationwide injunction. What’s he do? Puts it right back in place with no better of an explanation for doing so.
Judge Tigar is of course an Obama judge, something I’m assured doesn’t exist by Justice John Roberts. This is just more proof of how wrong he is though.
The judge in question here is ruling completely based on partisan politics. There is no constitutional case for overriding the President’s delegated powers to control immigration policy, nor do non-citizens have a right to claim irreparable harm for him doing so, thereby forcing nationwide injunctions. By that logic, every single part of the constitution could be suspended to prevent some form of irreparable harm to someone on the globe. It’s nonsensical garbage and it’s exactly why nationwide injunctions are terrible policy for the courts. They also have no basis in the delegated powers of the judiciary, seemingly being invented out of nowhere and being in direct contradiction with the Judiciary Act of 1789.
But as I’ve said many times, this will never stop until Justice Roberts gets some courage and deals with this issue. The Supreme Court needs to take on the question of nationwide injunctions and stop this idiocy. Nowhere in our system of governance was it meant for a single, un-elected judge to dictate policy for the entire country. As long as the highest court sits on its hand though, judges will keep going rogue.
Hopefully the 9th Circuit slaps this guy down hard again. They can’t be to happy about being so directly defied.
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