At the behest of the ACLU and the Center for Constitutional Rights (CCR), Obama appointee federal district judge Jon S. Tigar imposed a Temporary Restraining Order (TRO) against the president’s proclamation refusing asylum to those who cross the border illegally. This massive blow to Trump’s hard line on illegal immigration comes hot on the heels of news that Mexicans in Tijuana are desperate to have the caravan move on from their city citing crime, violence, and inability to cope with such numbers.
On Nov. 9th, the president stated:
“I just signed the proclamation on asylum – very important … People can come in but they have to come in through the points of entry.”
CCR lawyer, Baher Azmy, argued that the international laws on seeking asylum were being ignored. “Individuals are entitled to asylum if they cross between ports of entry. It couldn’t be clearer,” he said.
Unasked Questions
While advocates of open borders will be celebrating this decision not just as a rebuke against the president but also as the groundwork for future cases involving illegal entry, it is apparent that the sympathetic media is unwilling to ask the key questions.
- If an individual has a valid claim for asylum, why would they seek entry at a location where it will be more difficult to begin the process of application?
- Are no open border activists worried that children, drugs or weapons will be easier to traffic through mules if immigrants are not required to pass through legal entry points?
It is arguable that this ruling will only help those who either do not have a valid case for asylum, are engaged in criminal trafficking, or are criminals seeking to hide their true identity.
Blind Justice and Judges
Judge Tigar stated that the president’s actions constituted an “extreme departure” from normal practice, and that:
“Whatever the scope of the president’s authority, he may not rewrite the immigration laws to impose a condition that Congress has expressly forbidden.”
Yet an extreme departure from standard practice would be expected in extreme circumstances. An estimated 7,000 strong caravan of migrants, each seeking to claim asylum (despite being offered asylum in Mexico) is an outlier in terms of regular immigration. Therefore, extraordinary measures would seem applicable.
By tying the president’s hands with this TRO, the San Francisco judge has effectively declared it impossible to refuse entry to any and all comers to the United States. And while the vast majority of people within the caravan will be genuinely seeking safety from crime, persecution, or even extreme poverty, it is the criminal element that is happy to abuse both people and circumstance that presents a serious threat to national security.
Judges should be impartial and execute their understanding of the law to the best of their abilities, but they are in the privileged position of not being held responsible for the impact of their decisions. When we finally discover how many children were prostituted, how many drug-related deaths result, and how many innocents are murdered by people who are fleeing justice in their own country, when this final number is tallied, it will not be Judge Tigar who is held responsible. Nor will it be the open border activists who have to try and mend the devastated nation afterward.
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6 Comments
OhioHistorian
It is time for impeachment as the Democrats insist. The Republicans, before they leave the session, must impeach this judge and send it to the Senate for trial. Let’s give the Democrats the impeachment that they keep crying about. Just not the same guy, but instead one who obviously ruled that we must let in whoever wants.
mlopez
Judge orders, really? Well just how does the judge intend to enforce his order? Maybe somebody needs to wake the President up. Excuse me Mr. President, but it appears we may have something of a “Kerfuffle” over here.
The nation is fighting for its very life, get it and it would be very nice, if you joined the fray in a way that doesn’t leave you with your pants around your ankles for a change. You Whoo, Mr. President: this is precisely why we elected you and, O,BTW, release the documents, all the documents, or just STFU and go away. There’s a distinct difference between marketing, dog and pony rallies and real substance. Promises made are lying all around like fine dreams and broken machines.
OhioHistorian
As I suggest, the House NOW needs to impeach this judge. Quick articles of impeachment to vote on. Then let the Senate decide whether he can rule that non-citizens must be allowed entry.
rev_dave
I would suggest that every single one of them be permitted to enter, that they be handed asylum paperwork and a pen, and that they then all be sent to San Francisco in cattle cars. Let them stay there a few years while their requests are processed. I’d even give them all Judge Tigar’s home address as someone who can advocate for them while they are waiting.
lazarus
Telling these traitor judges, appointed by Traitor Obama, to “shove their TRO’s” is an instruction whose time has come. These Trash Judges wouldn’t know the U.S. Constitution if it ran over them on a bicycle. Let them enforce their TRO’s. Obama left these Destroyers of America judges in place to continue his agenda of Destroying America. it is time to inform these lowlife Justices that they are NOT allowed to infringe on the Constitutional authority of the Executive Branch.
Mara319
Asylum may be granted only to aliens who have been persecuted – or fear they will be persecuted – on account of race, religion, nationality, and/or membership in a particular social group or political opinion.
Domestic violence and extreme poverty are not grounds for asylum. Therefore not everybody who claims asylum is granted their request.
The problem is, an alien may only ask for asylum if he is already inside the U.S. Therefore, all those in the caravans expect to be let in order for them to file their claim.
All DHS wants is that they come through legal entry points. But even that, the SF Judge would not grant. The judge is saying they can come through any point at all and once they are in, they can file their petition for asylum.
Well, guess what. Once they are in, it’s extremely difficult to purge out those who do not qualify. And that’s the problem.