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By Associated Press
SAN FRANCISCO ̵
The ban contradicts existing US law and an attempted end to Congress, a jury of the Ninth US Court of Appeals said in a 2: 1 ruling.
"Just as we are often reminded," we are not allowed to legislate "from the bank," as well as the executive law of the Oval Office, "wrote 9th Circuit Judge Jay Bybee, a candidate of Republican President George W. Bush, for the majority.
A spokesman for the US Department of Justice Steven Stafford had no comment, but pointed to an earlier statement that the asylum system was broken and said the department looks forward to "continuing to defend the legitimate and well-founded exercise of executive authority to deal with the crisis on our southern border."
At issue i It is the proclamation proclaimed by President Donald Trump on 9 November that will discourage anyone who has crossed the US-Mexico border between the official ports of entry from seeking asylum. Trump issued the proclamation in response to caravans of migrants approaching the border.
A lower court judge temporarily blocked the ban and refused to reinstate it immediately. The government appealed to the 9th Circuit for an immediate stay of provisional injunction by Judge Jon Tigar on 19 November.
In a diverging opinion on Friday, 9th Circuit Judge Edward Leavy said that the administration had "adopted legal methods to deal with the current problems at the southern border." Nothing in the law that quoted the majority prevented a rule which categorically ruled out the right of asylum on the basis of a person's entry, said Leavy, a candidate of Republican President Ronald Reagan.
In its decision of 19 November, Tigar decided with legal groups who argued that the federal law is clear that immigrants can apply for asylum in the US, regardless of whether or not they have entered legally.
The President "may not rewrite the immigration laws to impose a condition that Congress has expressly prohibited," the judge said in his order.
The verdict led to an unusual public dispute between Trump and Chief Justice John Roberts after Trump dismissed Tigar – one of Trump's predecessors – as the "Obama judge."
Roberts responded with a statement Federal Justice has no "Obama Judges or Trump Judges, Bush Judges or Clinton Judges".