[NR] As I write on Friday, the restraining order hasn’t come down yet. But it’s just a matter of time. Some federal district judge, somewhere in the United States, will soon issue an injunction blocking enforcement of the Trump administration’s restrictions on asylum applications.
The restrictions come in the form of a rule promulgated jointly by the Departments of Justice and Homeland Security, and a proclamation issued by President Trump. In conjunction, they assert that an alien who wishes to apply for asylum in the United States must act lawfully: An alien who is physically present here and wishes to apply must be in the country legally; an alien outside the country who wishes to apply must present himself at a lawful port of entry ‐ not attempt to smuggle his way in or force his way in as part of a horde (i.e., no invasions by caravan).
Of course, what used to be assumed is today deemed intolerable. It is no longer permitted to expect of non-Americans what is required of Americans ‐ adherence to American law while on American soil.
Therefore, the fact that the administration’s action is entirely reasonable will not matter. No more will it matter that, contrary to numbing media repetition, the rule and proclamation derive from federal statutory law. Nor will it make any difference that, in part, the president is relying on the same sweeping congressional authorization based on which, just four months ago, the Supreme Court affirmed his authority to control the ingress of aliens based on his assessment of national-security needs. |