The Supreme Court forbade Trump to deny illegal rights to asylum in the US

On Friday, the Supreme Court rejected Trump administration request about the immediate entry into force of the new policy of denial of the right to asylum to those who illegally cross the border of the United States and Mexico. This innovation was announced by the lower courts as potentially illegal, and the higher instance supported their opinion.

Фото: Depositphotos

Earlier this month, the panel of judges of the US Court of Appeals for the 9 District was upheld by a lower court decision, which stopped the introduction of the new policy, writes The Washington Post. The court said the change was a way to circumvent the letter of federal law, which allows anyone who enters the United States to apply for asylum, regardless of where they cross the border.

“Just as we cannot ‘law from the bench,’ so the executive branch cannot make decisions from the Oval Office,” wrote Circuit Judge Jay Beebe, a conservative nominated by President George W. Bush.

Trump's proposed new rules would bar anyone who crosses the U.S.-Mexico border outside official crossing points from seeking asylum, a response to migrant caravans from Central America.

Lower courts have stated that federal law does not allow the president to make such changes. The statute states that an application for asylum must be received from any alien who “is physically located in the United States or arriving in the United States, regardless of whether he is at the indicated checkpoint or not, regardless of the status of such a foreigner.”

Trump called US District Judge John Tyghar "Obama's Judge" when he blocked the December 19 innovation, and then refused to restore it immediately. This provoked a reproach against Trump from Chief Justice John Roberts Jr., who defended the independence of the federal judiciary.

Lee Gelert of the American Civil Liberties Union, representing those who challenge these rules, said in a briefing at the trial that this policy cannot be justified, adding that this is fundamentally unfair to those who have legitimate asylum applications.

According to him, “those who flee from persecution are desperate and most often unsophisticated, are not aware of the possibility of applying for asylum at the point of entry, are persecuted by gangs and individuals and therefore cannot reach these ports because of the danger and distance ".

Recall that on Thursday the US Department of Homeland Security announced a new policy that prohibits asylum seekers from entering the USand requires to wait for a decision in Mexico.

Also two weeks ago Donald Trump offered to charge 50 dollars from anyone who wants to seek political asylum in the United States.

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