Liberal activist U.S. District Judge Jon Tigar got slapped down for the second time in two days and for the third time in two weeks. Tigar issued a nationwide injunction against Trump’s new immigration policy that requires asylum seekers to apply for asylum in the first country they come to. The newly revamped Ninth Circuit Court of Appeals slapped him down, saying he could only issue the injunction within their purview.
Then on Monday, Tigar reinstated the nationwide ban, claiming new information. On Tuesday, the Ninth Circuit court once again slapped him down for going outside the area he is assigned to. That all became moot when on Wednesday the Supreme Court slapped down Tigar’s ban permanently by ruling that the policy is constitutional.
The Supreme Court will allow the Trump administration to enforce new immigration rules against asylum seekers at the southern border.
The high court did not give reasons for its Wednesday night decision or disclose a vote count, as is typical of orders of this nature. Justice Sonia Sotomayor wrote a short dissent, which Justice Ruth Bader Ginsburg joined.
In effect, the restrictions deny asylum to migrants who pass through another country on their way to the U.S. without first seeking protected status there. Border Patrol has intercepted approximately 350,000 asylum seekers from the northern triangle countries of El Salvador, Guatemala and Honduras in 2019. The new restrictions would generally deny asylum to those migrants if they did not first seek protection in Mexico.
The rule includes exceptions for victims of human trafficking or migrants who were denied asylum elsewhere. President Donald Trump cast the ruling as a significant victory in a tweet following the decision.
The 9th U.S. Circuit Court of Appeals narrowed Tigar’s injunction, saying it could take effect within the 9th Circuit’s jurisdiction, but not beyond it. That meant the third-country transit bar could be applied to migrants intercepted in New Mexico or Texas, but not Arizona and California. The 9th Circuit also said Tigar could reimpose a nationwide injunction if he made additional factual findings supporting such a move. Tigar did so and restored a nationwide injunction against the contested rule Monday.