US appeals court won't immediately allow Trump asylum ban
Source: AP
The ban is inconsistent with an existing U.S. law and an attempted end-run around Congress, a panel of the 9th U.S. Circuit Court of Appeals said in a 2-1 decision.
Just as we may not, as we are often reminded, legislate from the bench, neither may the Executive legislate from the Oval Office, 9th Circuit Judge Jay Bybee, a nominee of Republican President George W. Bush, wrote for the majority.
A spokesman for the U.S. Department of Justice, Steven Stafford, did not have comment. But he referred to an earlier statement that called the asylum system broken and said the department looked forward to continuing to defend the Executive Branchs legitimate and well-reasoned exercise of its authority to address the crisis at our southern border.
At issue is President Donald Trumps Nov. 9 proclamation that barred anyone who crossed the U.S.-Mexico border between official ports of entry from seeking asylum. Trump issued the proclamation in response to caravans of migrants approaching the border.
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