About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

1 1 (December 11, 2018)

handle is hein.crs/govzcw0001 and id is 1 raw text is: District Court Temporarily Blocks Implementation of Asylum Restrictions on Unlawful Entrants at the Southern Border Updated December 11, 2018 Update: Following publication of this Sideba, on December 7, 2018, the US. Court ofAppeals for the Ninth Circuit in a 2-1 decision denied the Trump Administration's emergency motion to stay the federal district court's Temporary Restraining Order (TRO) pending appeal. The Ninth Circuit concluded that a stay was not warranted because the Administration failed to show that it was likely to succeed on the merits of its appeal of the TRO. The circuit panel agreed with the district court that (1) the plaintiff organizations have standing to challenge the Administration's new regulation making aliens who unlawfully enter the United States at the southern border ineligible for asylum; (2) the regulation conflicts with the Immigration and Nationality Act (INA), which provides that any alien physically present in the United States may apply for asylum; and (3) the regulation is likely subject to the notice-and- comment requirements of the Administrative Procedure Act (APA). In a dissenting opinion, Judge Leavy argued that the regulation is exempt from the APA's notice-and-comment procedures and does not conflict with the INA because it restricts an alien's eligibility to be granted asylum, but does not limit who may apply for asylum. In light of the Ninth Circuit's ruling, the Trump Administration remains barred from implementing its new asylum rule pending appeal of the TRO. The original post from November 27, 2018 is below. Prompted by reports of a migrant caravan traveling to the United States through Mexico, on November 9, 2018, the Trump Administration took two actions to make most non-U.S. nationals (aliens) who unlawfully enter the United States (i.e., without inspection or between ports of entry) at the southern border ineligible for asylum. In one action, President Trump issued a Presidential Proclamation suspending the entry of aliens at the southern border, other than lawful permanent residents, unless they arrive at designated ports of entry. In the other action, taken a few hours before the issuance of the proclamation, the Department of Homeland Security (DHS) and the Department of Justice (DOJ) announced new regulations that would make aliens who violate the proclamation ineligible for asylum. Together, the proclamation and new regulations would bar a covered alien at the southern border from pursuing asylum unless the alien arrives at a designated port of entry. (Neither the proclamation nor the Congressional Research Service https://crsreports.congress.gov LSB10222 CRS Legal Sidebar Prepared for Members and Committees of Congress

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most