A U.S. judge closely questioned the U.S. government on Monday as he weighed whether to temporarily halt an order from President Donald Trump that bars asylum for migrants who illegally cross the border with Mexico.
Trump cited an overwhelmed immigration system for his recent proclamation that officials will only process asylum claims for migrants who present themselves at an official entry point. Civil rights groups argue that Trump's order violated administrative and immigration law.
At a hearing in San Francisco federal court, U.S. District Judge Jon Tigar repeatedly asked a Justice Department attorney whether Trump's order was justified and supported by actual evidence.
"To say something is true does not make it true," Tigar said.
A migrant, part of a caravan of thousands from Central America trying to reach the U.S., sleeps in a temporary shelter in Tijuana, November 19, 2018. /VCG Photo
A migrant, part of a caravan of thousands from Central America trying to reach the U.S., sleeps in a temporary shelter in Tijuana, November 19, 2018. /VCG Photo
The judge did not issue a ruling during the hearing. Any decision would likely be procedural and would restore prior asylum rules while the rights groups made their case for a preliminary injunction at a future hearing.
Tigar was nominated to the court by President Barack Obama.
The hearing came as thousands of Central Americans, including a large number of children, are traveling in caravans toward the US border to escape violence and poverty at home. Some have already arrived at Tijuana, a Mexican city on the border with California.
Rights groups have said immigrants are being forced to wait days or weeks at the border before they can present themselves for asylum, and the administration has been sued for deliberately slowing processing time at official ports.
A Customs and Border Protection officer asks travelers for their visas at the U.S.-Mexico border in Tijuana, November 19, 2018. /VCG Photo
A Customs and Border Protection officer asks travelers for their visas at the U.S.-Mexico border in Tijuana, November 19, 2018. /VCG Photo
At the hearing, American Civil Liberties Union (ACLU) attorney Lee Gelernt said the order clearly conflicted with the Immigration and Nationality Act, which allows any person present in the U.S. to seek asylum, regardless of how they entered the country.
Gelernt said the ACLU had recently learned Mexican authorities have begun barring unaccompanied minors from applying at U.S. ports of entry.
Mexico's migration institute responded by saying that there was "no basis" for the ACLU's claims, noting that there had been no such reports from the United Nations or human rights groups that are monitoring the situation at the border.
Gelernt argued the new rules would lead to a "real humanitarian crisis."
(Source: Reuters)