Well, here’s your Friday news dump before the holidays, and a possible government shutdown: the Supreme Court has refused to allow the Trump administration to enforce its new protocol for migrants asking for asylum. On November 9, the Trump White House announcedthat it would not allow migrants to ask for asylum unless it was at a legal checkpoint.
This comes after a migrant horde numbering in the thousands, with most from Honduras, trekked their way to the U.S. southern border. The president rightfully called it an invasion, and he was proven right when a large contingent tried to bum rush the border crossing, causing the Border Patrol to fire tear gas to dispersethe crowd. Oh yes, the Left was irate over this, but again, the Obama administration also tear-gassed migrants at the border many times. Chief Justice John Roberts sided with the liberal wing of the court (via NYT):
BREAKING (friday afternoon news dump) — SCOTUS, in a 5-4 decision, denies trump admin's request to let it enforce its new asylum ban while the case proceeds in court. chief justice john roberts joined the liberal side of the court. pic.twitter.com/IPf1fhIEfb— kelly cohen (@politiCOHEN_) December 21, 2018
The Supreme Court on Friday refused to revive a Trump administration initiative barring migrants who enter the country illegally from seeking asylum.
The court was closely divided, with Chief Justice John G. Roberts Jr. joining the four-member liberal wing in turning down the administration’s request for a stay of a trial judge’s order blocking the program.
The court’s brief order gave no reasons for its action. Justices Clarence Thomas, Samuel A. Alito Jr., Neil M. Gorsuch and Brett M. Kavanaugh said they would have granted the stay.
In a proclamation issued on Nov. 9, President Trump barred migrants from applying for asylum unless they made the request at a legal checkpoint. Only those applying at a port of entry would be eligible, Mr. Trump said, invoking what he said were his national security powers to protect the nation’s borders.
Lower courts blocked the initiative, ruling that a federal law plainly allowed asylum applications from people who had entered the country unlawfully.
“Any alien who is physically present in the United States or who arrives in the United States,” the relevant federal statute says, may apply for asylum — “whether or not at a designated port of arrival.”
The Supreme Court won't let the Trump administration begin enforcing a ban on asylum seekers who illegally cross the U.S.-Mexico border https://t.co/s2HwFL85pS— POLITICO (@politico) December 21, 2018
An outstanding 5-4 decision — with Chief Justice Roberts saving the day (and the rule of law) and with Kavanaugh and Gorsuch joining Thomas and Alito in voting to revive Trump’s lawless (in my view and that of the lower court) treatment of asylum-seekers:https://t.co/ApFHjdr9sj— Laurence Tribe (@tribelaw) December 21, 2018
Supreme Court votes 5-4 to deny Trump's bid to start barring asylum apps from people who cross into the U.S. illegally.— Sahil Kapur (@sahilkapur) December 21, 2018
In the majority are Chief Justice Roberts and the four Democratic appointees.
Thomas, Alito, Gorsuch and Kavanaugh dissent.https://t.co/VquGvwwexI
BREAKING: Supreme Court votes 5-4 to reject Trump on temporarily restricting asylum claims at border. Roberts joins liberals in majority. Kavanaugh joins conservatives in dissent.— Greg Stohr (@GregStohr) December 21, 2018
The Trump White House will certainly circle back to this, but for now—it’s all about the looming government shutdown and whether Congress can pass a resolution that contains the president’s $5 billion request for border wall funding.