The Supreme Court of the United States (SCOTUS) upheld a federal judge’s ban of the Trump administration’s new asylum restrictions, a ruling which had already been affirmed by a panel of the U.S. Court of Appeals for the Ninth Circuit.
President’s Administration Cannot Legislate From the Oval Office
Historically, asylum seekers were not required to enter the U.S. through immigration ports. Rather, they could cross the U.S. border wherever they chose. In a 5-4 ruling, with Chief Justice John Roberts siding with four traditionally liberal judges, SCOTUS ruled that the new policy, signed November 9th, that required those seeking asylum across the U.S. southern border to enter the U.S. only through official immigration ports, could be blocked, since it exceeds the president’s authority, and conflicts with current immigration law.
Government’s Arguments Fell Short
The Solicitor General, Noel Francisco, had thrown a host of challenges in front of SCOTUS in the case of Donald J. Trump v. East Bay Sanctuary Covenant et al., after losing at both lower levels.
If you are seeking asylum and are being told you must cross the southern border through immigration ports, contact a local immigration attorney. A legal adviser will be able to best inform you of your rights, and may do so at little to no cost to you. Immigration laws are in constant flux lately, but one thing that hasn’t changed is that immigrants have rights too.
Related Resources:
- Find an Immigration Lawyer Near You (FindLaw’s Lawyer Directory)
- Top 3 Legal Tips for Asylum Seekers (FindLaw Law and Daily Life)
- Top 10 U.S. Citizenship Questions (FindLaw Law and Daily Life)
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