HOUSTON—A federal judge barred the Trump administration on Monday from refusing asylum to immigrants who cross the southern border illegally.
U.S. District Judge Jon S. Tigar issued a temporary restraining order after hearing arguments in San Francisco. The request was made by the American Civil Liberties Union and the Center for Constitutional Rights, which quickly sued after President Trump issued the ban this month in response to the caravans of migrants that have started to arrive at the U.S.-Mexico border.
Trump issued a proclamation on Nov. 9 that said anyone who crossed the southern border would be ineligible for asylum. The regulations, which will remain in place for three months absent a court order, could make it harder for thousands of people who enter the U.S. to avoid deportation.
“Individuals are entitled to asylum if they cross between ports of entry,” said Baher Azmy, a lawyer for the Center for Constitutional Rights. “It couldn’t be clearer.”
In recent years, tens of thousands of immigrants each year have shown up in the Arizona desert or on the north bank of the Rio Grande in Texas, surrendered to immigration agents and requested asylum. The Department of Homeland Security estimates about 70,000 people a year claim asylum between official ports of entry.
Trump has argued that the recent caravans are a threat to national security.
About 3,000 people from the first of the caravans have arrived in Tijuana, Mexico, across the border from San Diego. On Monday, U.S. Customs and Border Protection said it closed off northbound traffic for several hours at the San Ysidro crossing. It has also installed movable, wire-topped barriers, apparently to stop a potential mass rush of people.
As of Monday, 107 people detained between official crossings have sought asylum since Mr. Trump’s order went into effect, according to DHS, which oversees Customs and Border Protection. Officials didn’t say whether those cases were progressing through other avenues left to them after the proclamation.
DHS has said it wants asylum seekers at the southern border to appear at an official border crossing. But many border crossings such as San Ysidro already have long wait times. People are often forced to wait in shelters or outdoor camps on the Mexican side, sometimes for weeks.