Appeals Court Blocks Asylum Injunction
Ninth Circuit overrules district court judge
The U.S. Ninth Circuit Court of Appeals blocked a ruling by District Court Judge Jon Tigar who had issued a nationwide injunction despite being advised not to do so unless he re-evaluated his original ruling.
It seems to be the latest in a legal skirmish between the Ninth Circuit and Judge Tigar, as he had ruled in August against a Trump Administration policy denying asylum to applicants coming to the U.S. through a third country. After the appeals court said his injunction was too broad, Tigar reversed himself and applied the ruling only to California and Arizona. On Monday, Tigar broadened the injunction to also include New Mexico and Texas, making the injunction nationwide.
The Ninth Circuit has once again rolled back the nationwide injunction, meaning it will not apply for now to New Mexico and Texas. In their ruling, the appeals court stated, “Appellants’ [Trump Administration’s] request for an administrative stay is granted. The district court’s September 9, 2019, order is stayed pending further order of the court.”
The number of nationwide injunctions has skyrocketed in recent years as judges seek to block policies put into place by the Trump Administration.
Speaking to reporters on Tuesday, President Trump reacted to Tigar’s reimposition of the injunction, calling it “very unfair.” He added, “I don’t think it should be allowed.”
The administration’s appeal for the Supreme Court to block the injunction is still pending.
- For the justices of the Supreme Court to determine whether to take on the injunction appeal.
For immigration courts to obtain clarity with regard to the injunctions and stays and their effects on the cases of asylum seekers.