Federal Judge blocks Donald Trump’s new asylum rule for the second time

  Back in July the Trump administration issued a new asylum rule which stated that a person seeking asylum must apply for asylum in the first country that person enters after leaving his or her country before being eligible for asylum in the United States.

  That rule was quickly blocked nationwide by a judge in California but then the 9th Circuit Court of Appeals stepped in and narrowed the decision, ruling the judge did not have the authority to block the ban in New Mexico and Texas.

  It is now being reported here that the same California judge, Jon Tigar, has re-implemented his nationwide ban on the new asylum rule. Here is more:

A California federal judge reissued a nationwide injunction on Monday, blocking the Trump administration from denying asylum to migrants who have not first applied for refuge in a “third country” they’ve traveled through.

Last month, the 9th Circuit Court of Appeals narrowed federal Judge Jon Tigar’s first preliminary injunction to apply only to the 9th circuit. The move allowed the Trump administration to enforce the policy — which would all but deny asylum to Central American migrants — in Texas and New Mexico. The policy will now be blocked nationwide once again.

  That sure is interesting, isn’t it? I have no idea how a judge can overrule being overruled on his own without this making its way upward through the court system but he did it. Now can the 9th Circuit Court of Appeals turn around and re-overrule the judge’s self-overrule?

malo periculosam libertatem quam quietum servitium