Chief Justice John Roberts Joins the Liberals to Block Trump Asylum Restriction in 5–4 Decision

Slate Magazine | 12/21/2018 | Mark Joseph Stern
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Chief Justice John Roberts waits for the arrival of former U.S. President George H.W. Bush at the U.S Capitol Rotunda on December 03, 2018 in Washington, D.C.

On Friday, Chief Justice John Roberts joined the liberal justices in a 5–4 decision to maintain the block on President Donald Trump’s new restrictions on asylum.

Trump - Proclamation - November - Refugees - Asylum

Trump issued a proclamation in November prohibiting refugees from seeking asylum if they entered the United States without authorization. U.S. District Judge Jon S. Tigar swiftly halted the policy, prompting Trump to dismiss him as an “Obama judge.” Chief Justice John Roberts then issued a rare rejoinder, telling the AP: “We do not have Obama judges or Trump judges, Bush judges or Clinton judges. What we have is an extraordinary group of dedicated judges doing their level best to do equal right to those appearing before them.”

Then, on Dec. 10, the 9th U.S. Circuit Court of Appeals upheld Tigar’s nationwide freeze on the new rule. In an opinion written by the conservative Judge Jay Bybee, a Bush appointee, the court explained that a federal statute expressly guarantees immigrants the right to apply for asylum—whether or not they come into the country lawfully. Indeed, the law was meant to implement a treaty which the U.S. had ratified that directed signatories not to “impose penalties [on refugees] on account of their illegal entry or presence.” Trump, the court held, cannot revoke Congress’ decision to extend asylum rights to unauthorized immigrants.

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Department - Justice - Supreme - Court - Justices

The Department of Justice appealed to the Supreme Court, urging the justices to reverse the 9th Circuit and permit the asylum rule to take effect. On Friday, Roberts and the liberals refused to do so, ensuring that Tigar’s injunction will remain in place....
(Excerpt) Read more at: Slate Magazine
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