[20181211]LSB10222_地区法院暂时阻止对南部边境非法入境者实施庇护限制.pdf

CRS Legal Sidebar Prepared for Members and Committees of Congress Legal SidebarLegal Sidebari i District Court Temporarily Blocks Implementation of Asylum Restrictions on Unlawful Entrants at the Southern Border Updated December 11, 2018 Update: Following publication of this Sidebar, on December 7, 2018, the U.S. Court of Appeals for the Ninth Circuit in a 2-1 decision denied the Trump Administrations emergency motion to stay the federal district courts Temporary Restraining Order (TRO) pending appeal. The Ninth Circuit concluded that a stay was not warranted because the Administration failed to show that it was likely to succeed on the merits of its appeal of the TRO. The circuit panel agreed with the district court that (1) the plaintiff organizations have standing to challenge the Administrations new regulation making aliens who unlawfully enter the United States at the southern border ineligible for asylum; (2) the regulation conflicts with the Immigration and Nationality Act (INA), which provides that any alien physically present in the United States may apply for asylum; and (3) the regulation is likely subject to the notice-and-comment requirements of the Administrative Proc