A federal appeals court on Friday denied the Trump administration’s bid to delay a previous ruling, which blocked a policy made to ban immigrants who cross the border illegally from claiming asylum.
In a 2-1 decision, the U.S. Court of Appeals for the Ninth Circuit in San Francisco, California, found Trump’s asylum ban to be inconsistent with existing law. “We agree with the district court that the Rule is likely inconsistent with existing United States law,” the court’s ruling said, according to The Hill. “Accordingly, we DENY the Government’s motion for a stay.”
Ninth Circuit Judge Jay Bybee suggested in the court ruling that Trump’s asylum ban was an attempt to pass laws from the White House. “Just as we may not, as we are often reminded, ‘legislate from the bench,’ neither may the Executive Legislate from the Oval Office,” Bybee wrote, according to the Associated Press.
BREAKING: The Ninth Circuit denied the Trump administration’s request to reinstate its asylum ban in our lawsuit.
The decision to keep the ban blocked is consistent with the laws made by Congress and will save lives.
— ACLU (@ACLU) December 8, 2018
The Trump administration signed a presidential proclamation in November, which barred immigrants who entered outside of the county’s official points of entry from seeking asylum, CNN reports. His proclamation put into effect a joint rule that was issued by the Justice Department and Department of Homeland Security a few days prior. The joint ruling barred those who entered the country illegally from being able to claim asylum, according to Politico.
A lower court judge decided to temporarily block the ban, and he later refused to reinstate it. The administration then appealed to the Ninth Circuit to postpone Judge Jon Tigar’s temporary block, which only lasts for 30 days.
According to the Immigration and Nationality Act of 1965, any immigrant can claim asylum in the United States no matter how they entered the country. But the administration claims that the country’s asylum system is “overwhelmed” by “meritless” claims, according to The Hill.