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US to appeal judge’s order barring asylum restrictions

HOUSTON (AP) — President Donald Trump’s administration on Tuesday said it would appeal a judge’s order barring it from enforcing a ban on asylum for any immigrants who illegally cross the U.S.-Mexico border, after the president’s attack on the judge prompted an extraordinary rebuke from the nation’s chief justice.

The Justice Department filed a notice Tuesday saying it will appeal the order to the 9th U.S. Circuit Court of Appeals. It also asked the judge to stay his order pending the appeal.

Trump criticized the 9th Circuit last week as biased and dismissed the judge who ruled against him — an appointee of Trump’s predecessor — as an “Obama judge.”

Chief Justice John Roberts responded with a statement that the federal judiciary doesn’t have “Obama judges or Trump judges, Bush judges or Clinton judges.” It was the first time Roberts has hinted at any criticism of the president, as judges ordinarily avoid making any public statements on politics.

Roberts and the rest of the Supreme Court may end up deciding the asylum case. The 9th Circuit, seen as liberal leaning, has already ruled against Trump in several major immigration cases.

U.S. District Judge Jon S. Tigar in San Francisco issued a temporary restraining order Nov. 19 against Trump’s Nov. 9 proclamation that automatically barred anyone who crossed the U.S.-Mexico border between official ports of entry from seeking asylum .

Trump issued the proclamation in response to the caravans of migrants approaching the border that he’s claimed are a national security threat.

18 PHOTOS

A day in the life of the migrant caravan in Mexico

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Glenda Escobar, 33, a migrant from Honduras, part of a caravan of thousands from Central America en route to the United States, takes a rest on the road, as she walks to Pijijiapan from Mapastepec, Mexico, October 25, 2018. Picture taken October 25, 2018. REUTERS/Ueslei Marcelino

Glenda Escobar, 33, a migrant from Honduras, part of a caravan of thousands from Central America en route to the United States, rests on the road with her son Adonai, as they make their way to Pijijiapan from Mapastepec, Mexico, October 25, 2018. REUTERS/Ueslei Marcelino/File photo SEARCH “GLENDA ESCOBAR” FOR THIS STORY. SEARCH “WIDER IMAGE” FOR ALL STORIES. TPX IMAGES OF THE DAY

Glenda Escobar, 33, a migrant from Honduras, part of a caravan of thousands from Central America en route to the United States, plays with her son Adonai in San Pedro Tapanatepec, Mexico October 28, 2018. Picture taken October 28, 2018. REUTERS/Ueslei Marcelino

Glenda Escobar, 33, a migrant from Honduras, part of a caravan of thousands from Central America en route to the United States, sleeps in San Pedro Tapanatepec, Mexico October 28, 2018. Picture taken October 28, 2018. REUTERS/Ueslei Marcelino

Glenda Escobar, 33, a migrant from Honduras, part of a caravan of thousands from Central America en route to the United States, poses for a photograph with her children Adonai and Denzel in San Pedro Tapanatepec, Mexico October 28, 2018. Picture taken October 28, 2018. REUTERS/Ueslei Marcelino

Glenda Escobar, 33, a migrant from Honduras, part of a caravan of thousands from Central America en route to the United States, smiles as she rests in San Pedro Tapanatepec, Mexico October 28, 2018. Picture taken October 28, 2018. REUTERS/Ueslei Marcelino

Glenda Escobar, 33, a migrant from Honduras, part of a caravan of thousands from Central America en route to the United States, poses with her son Denzel, 8, as they rest in San Pedro Tapanatepec, Mexico October 28, 2018. Picture taken October 28, 2018. REUTERS/Ueslei Marcelino

Glenda Escobar, 33, a migrant from Honduras, part of a caravan of thousands from Central America en route to the United States, rests in San Pedro Tapanatepec, Mexico October 28, 2018. Picture taken October 28, 2018. REUTERS/Ueslei Marcelino

Glenda Escobar, 33, a migrant from Honduras, part of a caravan of thousands from Central America en route to the United States, rests on the road with her son Denzel as they walk to Pijijiapan from Mapastepec, Mexico, October 25, 2018. Picture taken October 25, 2018. REUTERS/Ueslei Marcelino TPX IMAGES OF THE DAY

Glenda Escobar, 33, a migrant from Honduras, part of a caravan of thousands from Central America en route to the United States, prepares the sleeping place after arriving at a makeshift camp with her sons Adonai and Denzel, in San Pedro Tapanatepec, Mexico October 28, 2018. Picture taken October 28, 2018. REUTERS/Ueslei Marcelino

Denzel, 8, holds his brother Adonai, 5, near their mother Glenda Escobar, a migrant from Honduras, part of a caravan of thousands from Central America en route to the United States, as they walk to Pijijiapan from Mapastepec, Mexico, October 25, 2018. Picture taken October 25, 2018. REUTERS/Ueslei Marcelino

Glenda Escobar, 33, a migrant from Honduras, part of a caravan of thousands from Central America en route to the United States, prepares the sleeping place after arriving at a makeshift camp with her sons Adonai and Denzel, in San Pedro Tapanatepec, Mexico October 28, 2018. Picture taken October 28, 2018. REUTERS/Ueslei Marcelino

Glenda Escobar, 33, a migrant from Honduras, part of a caravan of thousands from Central America en route to the United States, cries after talking on the phone, in San Pedro Tapanatepec, Mexico October 28, 2018. Picture taken October 28, 2018. REUTERS/Ueslei Marcelino

Glenda Escobar, 33, a migrant from Honduras, part of a caravan of thousands from Central America en route to the United States, rests on the road, on her way to Pijijiapan from Mapastepec, Mexico, October 25, 2018. Picture taken October 25, 2018. REUTERS/Ueslei Marcelino

Glenda Escobar, 33, a migrant from Honduras, part of a caravan of thousands from Central America en route to the United States, poses for a photograph as she rests in San Pedro Tapanatepec, Mexico October 28, 2018. Picture taken October 28, 2018. REUTERS/Ueslei Marcelino

Glenda Escobar, 33, a migrant from Honduras, part of a caravan of thousands from Central America en route to the United States, takes a ride in a vintage car with her children Adonai and Denzel, as they walk to Pijijiapan from Mapastepec, Mexico, October 25, 2018. Picture taken October 25, 2018. REUTERS/Ueslei Marcelino

Adonai, 5, son of Glenda Escobar, a migrant from Honduras, part of a caravan of thousands from Central America en route to the United States, smiles as he rests in San Pedro Tapanatepec, Mexico October 28, 2018. Picture taken October 28, 2018. REUTERS/Ueslei Marcelino

Glenda Escobar, 33, a migrant from Honduras, part of a caravan of thousands from Central America en route to the United States, prepares the sleeping place after arriving at a makeshift camp with her children Adonai and Denzel, in Pijijiapan, Mexico, October 25, 2018. Picture taken October 25, 2018. REUTERS/Ueslei Marcelino




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But Tigar sided with legal groups who sued hours after the proclamation was issued. The groups argued that federal law unambiguously says immigrants in the United States can request asylum regardless of whether they entered the country lawfully.

“Whatever the scope of the President’s authority, he may not rewrite the immigration laws to impose a condition that Congress has expressly forbidden,” the judge said in his order.

In its request for a stay Tuesday, the Justice Department said Tigar’s order “immediately harms the government and jeopardizes important national interests.”

Lee Gelernt, a lawyer for the American Civil Liberties Union, said in a statement that the group would “vigorously oppose the stay request, so that people’s lives are not put in danger.”

In issuing the proclamation, Trump invoked the same national security powers that he used to impose a travel ban on citizens of countries with overwhelmingly Muslim populations.

The 9th Circuit ruled the administration couldn’t withhold money from so-called “sanctuary cities,” end the Deferred Action for Childhood Arrivals program for younger immigrants brought to the U.S. by their parents or impose the travel ban.

In the case of the travel ban, the Supreme Court ultimately reversed the 9th Circuit’s decision when it ruled that Trump had the authority to impose it.

Asylum is intended for people who have fled their countries of origin because they have suffered persecution or fear that they will be persecuted if they are forced to return.

Crossing the U.S.-Mexico border between ports of entry is a federal crime, but that does not typically preclude someone from requesting asylum. Tigar noted that federal law says someone may seek asylum if they have arrived in the United States, “whether or not at a designated port of arrival.”

By the estimates of the Department of Homeland Security, around 70,000 people a year claim asylum after crossing illegally. DHS alleges that many of those people make false claims and take advantage of loopholes in the system.

Meanwhile, at least 3,000 people have arrived in Tijuana, Mexico, across the border from San Diego, California, with hopes of requesting asylum at a port of entry there. DHS has said it’s prepared for as many as 10,000 or more people to arrive in various caravans.

U.S. agents on Sunday fired tear gas at hundreds of migrants after some of them tried to get through the fence separating the two countries.

27 PHOTOS

US troops sent to border by Trump in anticipation of migrant caravans

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Members of the U.S.military place razor wire along the U.S.-Mexico border on the McAllen-Hidalgo International Bridge, Friday, Nov. 2, 2018, in McAllen, Texas. (AP Photo/Eric Gay)

In this photo provided by the U.S. Air Force, soldiers from the the 89th Military Police Brigade, and 41st Engineering Company, 19th Engineering Battalion, Fort Riley, Kan., arrive at Valley International Airport, Thursday, Nov. 1, 2018, in Harlingen, Texas, to conduct the first missions along the southern border in support of Operation Faithful Patriot. The soldiers will provide a range of support including planning assistance, engineering support, equipment and resources to assist the Department of Homeland Security along the Southwest border. (Alexandra Minor/U.S. Air Force via AP)

Razor wire recently placed by the U.S.military along the banks of the Rio Grande frames the McAllen-Hidalgo International Bridge at the U.S.-Mexico border, Saturday, Nov. 3, 2018, in McAllen, Texas. (AP Photo/Eric Gay)

Members of the U.S.military tour the McAllen-Hidalgo International Bridge with U.S. Customs and Border Patrol agents, Saturday, Nov. 3, 2018, in McAllen, Texas. (AP Photo/Eric Gay)

Razor wire recently placed by the U.S.military along the banks of the Rio Grande frames the McAllen-Hidalgo International Bridge at the U.S.-Mexico border, Saturday, Nov. 3, 2018, in McAllen, Texas. (AP Photo/Eric Gay)

Onlookers watch as members of the U.S.military place razor wire along the U.S.-Mexico border on the McAllen-Hidalgo International Bridge, Friday, Nov. 2, 2018, in McAllen, Texas. (AP Photo/Eric Gay)

Pedestrians pass members of the U.S. military working to place razor wire along the U.S.-Mexico border on the McAllen-Hidalgo International Bridge, Friday, Nov. 2, 2018, in McAllen, Texas. (AP Photo/Eric Gay)

Razor wire recently placed by the U.S.military along the banks of the Rio Grande frames the McAllen-Hidalgo International Bridge at the U.S.-Mexico border, Saturday, Nov. 3, 2018, in McAllen, Texas. (AP Photo/Eric Gay)

Members of the U.S.military place razor wire along the U.S.-Mexico border on the McAllen-Hidalgo International Bridge, Friday, Nov. 2, 2018, in McAllen, Texas. (AP Photo/Eric Gay)

Razor wire recently placed by the U.S.military along the banks of the Rio Grande frames the McAllen-Hidalgo International Bridge at the U.S.-Mexico border, Saturday, Nov. 3, 2018, in McAllen, Texas. (AP Photo/Eric Gay)

Members of the U.S. military place razor wire along the U.S.-Mexico border near the McAllen-Hidalgo International Bridge, Friday, Nov. 2, 2018, in McAllen, Texas. (AP Photo/Eric Gay)

Members of the U.S.military place razor wire along the U.S.-Mexico border near the McAllen-Hidalgo International Bridge, Friday, Nov. 2, 2018, in McAllen, Texas. (AP Photo/Eric Gay)

Members of the U.S.military place razor wire along the U.S.-Mexico border on the McAllen-Hidalgo International Bridge, Friday, Nov. 2, 2018, in McAllen, Texas. (AP Photo/Eric Gay)

Members of the U.S.military place razor wire along the U.S.-Mexico border near the McAllen-Hidalgo International Bridge, Friday, Nov. 2, 2018, in McAllen, Texas. (AP Photo/Eric Gay)

Members of the U.S.military place razor wire along the U.S.-Mexico border on the McAllen-Hidalgo International Bridge, Friday, Nov. 2, 2018, in McAllen, Texas. (AP Photo/Eric Gay)

Members of the U.S.military place razor wire along the U.S.-Mexico border near the McAllen-Hidalgo International Bridge, Friday, Nov. 2, 2018, in McAllen, Texas. (AP Photo/Eric Gay)

Members of the U.S.military place razor wire along the U.S.-Mexico border on the McAllen-Hidalgo International Bridge, Friday, Nov. 2, 2018, in McAllen, Texas. (AP Photo/Eric Gay)

Pedestrians pass members of the U.S.military working to place razor wire along the U.S.-Mexico border on the McAllen-Hidalgo International Bridge, Friday, Nov. 2, 2018, in McAllen, Texas. (AP Photo/Eric Gay)

Members of the U.S.military place razor wire along the U.S.-Mexico border on the McAllen-Hidalgo International Bridge, Friday, Nov. 2, 2018, in McAllen, Texas. (AP Photo/Eric Gay)

A member of the U.S.military cuts fencing at the U.S.-Mexico border on the McAllen-Hidalgo International Bridge as they work to place razor wire in the area, Friday, Nov. 2, 2018, in McAllen, Texas. (AP Photo/Eric Gay)

Members of the U.S.military place razor wire along the U.S.-Mexico border on the McAllen-Hidalgo International Bridge, Friday, Nov. 2, 2018, in McAllen, Texas. (AP Photo/Eric Gay)

Members of the U.S.military place razor wire along the U.S.-Mexico border on the McAllen-Hidalgo International Bridge, Friday, Nov. 2, 2018, in McAllen, Texas. (AP Photo/Eric Gay)

Members of the U.S.military place razor wire along the U.S.-Mexico border near the McAllen-Hidalgo International Bridge, Friday, Nov. 2, 2018, in McAllen, Texas. (AP Photo/Eric Gay)

Members of the U.S.military place razor wire along the U.S.-Mexico border near the McAllen-Hidalgo International Bridge, Friday, Nov. 2, 2018, in McAllen, Texas. (AP Photo/Eric Gay)

Members of the U.S.military place razor wire along the U.S.-Mexico border near the McAllen-Hidalgo International Bridge, Friday, Nov. 2, 2018, in McAllen, Texas. (AP Photo/Eric Gay)

Members of the U.S.military place razor wire along the U.S.-Mexico border on the McAllen-Hidalgo International Bridge, Friday, Nov. 2, 2018, in McAllen, Texas. (AP Photo/Eric Gay)

In this photo provided by the U.S. Air Force, soldiers from the the 89th Military Police Brigade, and 41st Engineering Company, 19th Engineering Battalion, Fort Riley, Kan., arrive at Valley International Airport, Thursday, Nov. 1, 2018, in Harlingen, Texas, to conduct the first missions along the southern border in support of Operation Faithful Patriot. The soldiers will provide a range of support including planning assistance, engineering support, equipment and resources to assist the Department of Homeland Security along the Southwest border. (Alexandra Minor/U.S. Air Force via AP)




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