WASHINGTON, (Reuters) – The Supreme Court yesterday dealt a setback to President Donald Trump by refusing to allow his administration to implement new rules prohibiting asylum for people who cross the U.S. border illegally, with conservative Chief Justice John Roberts joining the four liberal justices in denying the request.
The justices on a 5-4 vote rebuffed the administration’s bid to put on hold a California-based federal judge’s order preventing it from carrying out the policy making anyone crossing the U.S.-Mexican border outside of an official port of entry ineligible for asylum.
The planned asylum change was a key component of Trump’s hardline policies aimed at making it tougher for immigrants to enter and stay in the United States.
Roberts, who last month rebuked Trump over his criticism of the judiciary, joined liberal Justices Ruth Bader Ginsburg, Stephen Breyer, Elena Kagan and Sonia Sotomayor against the administration. Trump’s two high court appointees, Brett Kavanaugh and Neil Gorsuch, joined the two other conservative justices, Clarence Thomas and Samuel Alito, in dissent.
“The Supreme Court’s decision to leave the asylum ban blocked will save lives and keep vulnerable families and children from persecution. We are pleased the court refused to allow the administration to short-circuit the usual appellate process,” said Lee Gelernt, a lawyer for the American Civil Liberties Union, which challenged Trump’s policy.
The Justice Department expressed disappointment with the decision, saying the 25 nationwide injunctions against Trump administration policies were “unprecedented.”
“The Court has not yet fully considered the merits of this case,” Justice Department spokesman Steven Stafford said. “We will continue to defend the executive branch’s lawful authority over the discretionary benefit of asylum.”
