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Boom: SCOTUS rules that Trump admin’s new ‘Remain in Mexico’ asylum rule can be implemented

By Jon Dougherty

(NationalSentinel) The U.S. Supreme Court ruled on Wednesday that the Trump administration can go ahead an implement a new asylum rule nationwide as lawsuits filed against it continue to be litigated in lower courts.

The rule does not allow migrants to apply for asylum in the U.S. if they have traveled through another stable country first, but it was immediately challenged by Left-wing open borders groups and Democrat-run states after the White House implemented it.



The high court ordered all lower court injunctions against the rule be lifted, which gives the Trump administration authority to implement the policy across the entirety of the U.S.-Mexico border as litigation against it continues, The Epoch Times reported.

The rule effectively bans most migrants from seeking asylum in the U.S., which is why it was opposed by Democrats and their allied groups.

President Donald Trump took to Twitter to celebrate the decision.

“BIG United States Supreme Court WIN for the Border on Asylum!” he wrote.

Seven of the justices ruled in favor of the administration. Justices Sonia Sotomayor and Ruth Bader Ginsburg dissented, however, neither said that the president was overstepping his authority.

“Once again the Executive Branch has issued a rule that seeks to upend longstanding practices regarding refugees who seek shelter from persecution,” they wrote.

Eight days after the asylum rule went into effect in July, U.S. District Judge Jon Tigar for the Northern District of California, an Obama appointee, issued a nationwide injunction to block it.

Tigar’s injunction came in response to a lawsuit filed by the American Civil Liberties Union (ACLU), the Southern Poverty Law Center, and Center for Constitutional Rights.

A three-judge panel of the 9th Circuit Court of Appeals narrowed Tigar’s ruling last month, but on Monday he reissued a nationwide induction claiming the appeals panel did not bar him from doing so.

Tigar wrote in his order, “The question now before the court is whether those harms can be addressed by any relief short of a nationwide injunction. The answer is that they cannot.”

He further noted that a “uniform immigration policy” is a necessity, and claimed that a ruling by an appeals court of the Ninth Circuit did not bar him from reapplying a nationwide injunction against the Trump administration rule.

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SCOTUS disagreed.

The rule states:

The Department of Justice and the Department of Homeland Security (“DOJ,” “DHS,” or collectively, “the Departments”) are adopting an interim final rule (“interim rule” or “rule”) governing asylum claims in the context of aliens who enter or attempt to enter the United States across the southern land border after failing to apply for protection from persecution or torture while in a third country through which they transited en route to the United States.

Pursuant to statutory authority, the Departments are amending their respective regulations to provide that, with limited exceptions, an alien who enters or attempts to enter the United States across the southern border after failing to apply for protection in a third country outside the alien’s country of citizenship, nationality, or last lawful habitual residence through which the alien transited en route to the United States is ineligible for asylum.

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