The Trump administration said in a court filing Wednesday that it is appealing the latest ruling on its asylum ban which prevents them from implementing it on the U.S.-Mexico border.
District Judge Jon Tigar’s December 19 order extends an initial block on the new rules, which the administration will now appeal, it told the 9th Circuit Court of Appeals.
The appeal was paused on Wednesday night after the Department of Justice asked the court for a delay in the case or an extension of time to file its appellate brief due to the partial government shutdown.
Last month, President Donald Trump signed a presidential proclamation that bans migrants who illegally enter the country over the southern border from seeking asylum outside of official ports of entry. Judge Tigar almost immediately issued a temporary restraining order on the ban, arguing that it “irreconcilably conflicts” with immigration law.
CNN informs that Tigar also held that asylum seekers would be at “increased risk of violence and other harms at the border” if the Trump administration’s rule went into effect. His injunction was upheld by a panel of judges on the 9th Circuit who said that Trump’s proclamation is “likely inconsistent with existing United States law.”
“We are acutely aware of the crisis in the enforcement of our immigration laws,” the panel said. “The burden of dealing with these issues has fallen disproportionately on the courts of our circuit. And as much as we might be tempted to revise the law as we think wise, revision of the laws is left with the branch that enacted the laws in the first place—Congress.”
On Friday, the Supreme Court upheld the initial temporary injunction in a 5-4 ruling in which Chief Justice John Roberts sided with the four liberal justices.