(National Sentinel) Round 2: The Trump administration will appeal a ruling by what POTUS called an “Obama judge” earlier this month who blocked an executive order altering asylum rules as thousands of ‘caravan migrants’ press hard to enter the country.
The Justice Department s planning on filing a motion Tuesday evening in the 9th Circuit Court of Appeals requesting that U.S. District Judge Jon Tigar’s order be suspended, the Washington Examiner reported. Lawyers for the Department of Homeland Security have also filed a request to stay the order.
The order requires asylum seekers to apply at border checkpoints. Currently, even migrants who cross into the U.S. illegally can ask the first border agent they encounter for asylum after they are inside the country. The new order would require them to turn around and go through one of the 48 established ports of entry/border checkpoints.
Typically, once migrants make it into the U.S. they are given asylum hearing dates but then disappear into the interior, with most never showing up for their hearing.
The president is attempting to plug that gaping immigration policy hole as thousands of mostly Central American migrants — and largely males of military age — congregate near the U.S. border in Tijuana.
The initial lawsuit over the asylum policy was brought by the American Civil Liberties Union and the Southern Poverty Law Center, the Washington Examiner reported.
“And it is absurd that a set of advocacy groups can be found to have standing to sue to stop the entire federal government from acting so that illegal aliens can receive a government benefit to which they are not entitled,” the DOJ and Homeland Security Department said in a joint statement following Tigar’s injunction.
“We look forward to continuing to defend the executive branch’s legitimate and well-reasoned exercise of its authority to address the crisis at our southern border.”
Shortly after Tigar suspended the order, POTUS Trump criticized it and labeled Tigar an “Obama judge,” which drew a rare rebuke from Chief Justice John Roberts.
“I think it’s a disgrace when every case gets filed in the 9th Circuit. That’s not law, that’s not what this country stands for. Every case that gets filed in the 9th Circuit, we get beaten and then we end up having to go to the Supreme Court, like the travel ban, and we won,” the president said.
“This was an Obama judge,” he added. “And I’ll tell you what, it’s not going to happen like this anymore.”
To which Roberts responded: “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. That independent judiciary is something we should all be thankful for.”
Every federal judge selected by presidents based on political considerations.
Obama appointed as many radical Left-wing activists to the federal bench as he could (Tigar) being one of them. We explained earlier why he is a judicial activist and did not rule on the constitutional merits of POTUS Trump’s executive order.
POTUS Trump is making similar political decisions in who he is nominating to the Supreme Court and the federal courts. He is using a different set of parameters than Obama — Trump’s judges are constitutionalists (which is what all federal judges are supposed to be) — but it’s a political consideration nonetheless.
Bets are this ruling gets overturned at the Supreme Court. The president, under well-established law and the Constitution, has more than enough authority to issue orders regarding immigration and nationality issues.
Section 212(f) of the Immigration and Nationality Act of 1952 states: “Whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate [emphasis added].”
We suggested earlier that POTUS simply ignore Tigar’s order because he would be in the right to do so. But apparently, he’s chosen to play this out in court. We think he’ll win — unless Roberts is still angry about POTUS’ “Obama judge” comment.
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