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Trump pursues asylum ban to Supreme Court

On Behalf of | Dec 13, 2018 | Asylum

Many people in Florida have been concerned about the effects of President Trump’s policies on immigration, especially those with some involvement of their own with the immigration system. After two federal courts blocked an attempted ban on asylum applications for people who crossed the southern border without authorization, the administration is going to the Supreme Court in an attempt to legitimize its proclamation. Following the emergence of caravans of migrants from Central America in November 2018, Trump issued a proclamation barring people who crossed without authorization from seeking asylum.

The proclamation differs substantially from current immigration law, which expressly allows people to seek asylum despite an unlawful entry. A federal appeals court said that the attempted ban violates federal law and is an attempt to avoid legislation that has been enacted by Congress. The administration claimed that it has national security reasons to seek the ban and that the policy is an attempt to ensure that asylum seekers receive orderly processing of their applications at ports of entry. On the other hand, a lawyer from the American Civil Liberties Union said that this is an attempt to reinstate an illegal policy.

After the first federal judge blocked Trump’s order, the president denounced him as an “Obama judge,” sparking an unusual rebuke from the Supreme Court’s chief justice, John Roberts. Roberts said that the judicial system maintains its independence regardless of the presidents who appointed the judges. Asylum law is designed to protect people fleeing persecution in their home countries, and applicants are assessed for their well-founded fear of persecution.

Asylum seekers and others with pending immigration matters may be concerned by the atmosphere surrounding the administration’s policies on migration. An immigration lawyer may help people to file accurate applications, defend against deportation attempts and work to protect people’s right to remain in the country.