The Supreme Court on Wednesday allowed the Trump administration to enforce its most ambitious effort yet to unilaterally make it more hard for migrants from Central America and other parts of the world to seek asylum at the U.S. -Mexico border. It would also put an end to the "caravans" of thousands who trek north from Honduras, Guatemala and El Salvador to reach the United States, since they must cross through Mexico and - according to the new rule - apply for asylum there in order to be welcomed at the USA border.
"Once once again, the Government Branch has issued a rule that seeks to upend longstanding practices relating to refugees who search for shelter from persecution", Sotomayor wrote.
The court's unsigned order, a single paragraph that didn't provide its legal rationale, allows the government to implement the policy while litigation proceeds.
Migrants from Central America travel north, often on foot, through Mexico until they reach the USA border.
On Tuesday, the 9th Circuit issued an administrative stay blocking Tigar's order in all states but those served by the 9th Circuit.
"The court should not permit such a tectonic change to U.S. asylum law", Gelerny wrote in a response to the high court's brief order.
On Wednesday, the Supreme Court allowed the administration to enforce these rules, which are effectively created to deter asylum applications from Hondurans, Salvadorans, and Guatemalans.
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The administration said the new restriction is needed to respond to "an unprecedented surge" of people who enter the country illegally and seek asylum if they're caught.
Immigrant advocates were disheartened by the high court decision.
The rule drew correct challenges in conjunction with from a coalition of teams represented by the ACLU who accused the administration of pursuing an "asylum ban" and jeopardising the safety of migrants fleeing persecution.
The Trump administration first announced the new rules July 15 and was met with swift legal challenges from immigrant advocacy groups. The 9th Circuit Court upheld this order, but restricted its reach to California and Arizona.
"It alleviates a crushing burden on the USA asylum system by prioritizing asylum seekers who most need asylum in the United States", Francisco wrote in the brief order.
"The stakes are enormous", said Lee Gelernt, the ACLU lawyer who had urged the courts to block the asylum ban. Apprehensions have dropped 43 percent since May, when arrests between ports of entry at the southern border increased for the fourth straight month to 132,887.
"This is just a temporary step, and we're hopeful we'll prevail at the end of the day".
Last week, Attorney General William Barr condemned nationwide injunctions in an opinion piece, signaling the Trump administration might be preparing to go after the practice before the Supreme Court.