SCOTUS Stays Injunction Against Trump's Asylum Restrictions; Justice Sotamayor Terms It 'Extraordinary Act'

The Supreme Court of United States stayed the District Court's injunction against the new Asylum rule which forbids migrants to apply for asylum in the United States if they enter or seek to enter through the southern border, unless they were first denied asylum in Mexico or another third country.

The Attorney General and Secretary of Homeland Security had promulgated the rule on July 16, 2019. A District Court, in petitions filed by several organizations, granted injunction on three grounds. One, that it found it probable that the rule was inconsistent with the asylum statute. Two, because the Government skirted typical rulemaking procedures. Three, it found the explanation for the rule so poorly reasoned that the Government's action was likely arbitrary and capricious.

Expressing her dissent against the grant of stay, Justice Sonia Sotamayor, opined that, in doing so, the Court sidestepped the ordinary judicial process to allow the Government to implement a rule that bypassed the ordinary rulemaking process. Justice Ginsberg also agreed with the dissent. 

Justice Sotamayor said:

This is an extraordinary request. Unfortunately, the Court acquiesces. Because I do not believe the Government has met its weighty burden for such relief, I would deny the stay.
I fear that the Court's precipitous action today risks undermining the inter-branch governmental processes that encourage deliberation, public participation, and transparency.
In sum, granting a stay pending appeal should be an "extraordinary" act. Unfortunately, it appears the Government has treated this exceptional mechanism as a new normal. Historically, the Government has made this kind of request rarely; now it does so reflexively. Not long ago, the Court resisted the shortcut the Government now invites. I regret that my colleagues have not exercised the same restraint here. I respectfully dissent. 

President Trump Welcomes Order

Meanwhile, President Trump welcomed the SCOTUS' decision and said: BIG United States Supreme Court WIN for the Border on Asylum!

Click here to Read/Download Opinion