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Roberts Joins Liberal Wing, SCOTUS Refuses To Allow Trump Administration To Enforce Asylum Ban

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):

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 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. 


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