In a very shocking decision, President Trump finally won a major battle in the 9th Circuit Court.
The court ruled to roll back a previous decision made by Judge Jon Tigar, an Obama appointee, who had blocked Trump’s asylum policy from being installed, effectively giving their stamp of approval for Trump to move forward with planned asylum restrictions, according to the Daily Caller.
The New Policy
The legislation in question would require asylum seekers to file for asylum immediately after leaving the country they were fleeing.
If they did not follow this procedure, their asylum claim filed her after entering illegally would automatically be declined.
The only exception to this would be if they had followed the protocols and been declined asylum in their “second” country. If that happened, they would still be permitted to apply here in the states.
The case initially was put before Judge Tigar, who, as we stated above, is an Obama appointee. So, it was no surprise when he placed a nationwide injunction on the policy. The 9th Circuit Court, however, believes Tigar overstepped his authority.
While Tigar has the right to have the injunction within his jurisdiction, the 9th Circuit Court ruled he did not have the authority to place the injunction outside of that jurisdiction, so Trump’s policy would be allowed to be put into play along the New Mexico and Texas borders.
After the initial ruling by the 9th Circuit, Tigar issued another ruling to put the injunction back in place.
He stated, “The organizations have presented sufficient evidence that they will suffer organizational and diversion of resources harms unless the rule is enjoined outside of, as well as within, the 9th Circuit. A nationwide injunction is thus ‘necessary to give prevailing parties the relief to which they are entitled.’”
It took no time at all for the Trump administration to tear into Judge Tigar’s ruling, blasting a district court judge for trying to make a ruling that would impact the entire country.
The 9th Circuit appeared to agree with Trump because late Tuesday the court again rolled back Tigar’s decision everywhere but his own district, which encompasses Alaska, Arizona, California, Guam, Hawaii, Idaho, Montana, Nevada, Oregon, and Washington.
The Trump administration appealed to the Supreme Court before Tigar could try to roll back the 9th Circuit Court decision again. On Wednesday night, the Supreme Court ruled in favor of the Trump administration with a 7–2 vote, with Justices Ruth Bader Ginsburg and Sonia Sotomayor dissenting.