U.S. District Judge Randolph Moss denied an administration request on Thursday to extend the deadlines related to a lawsuit against a proposed block on asylum seekers.
President Donald Trump has made immigration policy a priority — and the administration proposed a rule to deny asylum claims to any migrant found to be crossing the border illegally.
The Department of Justice (DOJ) had cited the ongoing partial government shutdown when requesting that the case be delayed.
“Although the Court is mindful of the current lapse in appropriations, where there is ‘some reasonable and articulable connection between the function to be performed and the safety of human life or the protection of property,’ government functions may continue,” Moss, who was appointed by former President Barack Obama, said in a decision obtained by The Hill and others.
Trump said he was acting in response to migrant caravaners who had been making their way to the border.
A federal judge in California blocked the rule last month until an ongoing lawsuit against it was resolved.
The administration responded by making an emergency request to restore its rule last week.
Related: Supreme Court Upholds Block on Trump’s Asylum Ban
The U.S. Supreme Court ruled against the emergency request on December 21. Chief Justice John Roberts joined the four liberal justices on the court, which split the ruling five to four against the president.
Neither side issued an opinion to explain its reasoning. The decision leaves in place the lower court rulings.
The DOJ announced the plan to automatically deny asylum to people who enter the country illegally in November. The proposed rule would mean, essentially, that any migrant not crossing through a legal port of entry would be ineligible for asylum.
The move was to confront those who request asylum only after getting caught in the country illegally.
“Our asylum system is overwhelmed with too many meritless asylum claims from aliens who place a tremendous burden on our resources, preventing us from being able to expeditiously grant asylum to those who truly deserve it,” the DOJ detailed when announcing the proposed rule.
“We are using the authority granted to us by Congress to bar aliens who violate a presidential suspension of entry or other restriction from asylum eligibility.”
Trump and his administration have been forced to deal with a surge of asylum seekers at the southern border over the past year. The administration has tried to tackle the issue in various ways, including making asylum seekers wait outside the country while their claims are being processed.
The administration has argued that current policies allow those who don’t have a legitimate claim to cheat the system. They are often let go and asked to appear for a court date — which they may or may not honor. Trump has essentially been left in a legal gray area when it comes to asylum seekers.
Trump has faced legal challenges on nearly everything he has tried to do on immigration.
Federal immigration laws allow the president to suspend the entry of all aliens or any class of aliens. But some critics claim he is beholden to international agreements to process credible asylum claims.
The policy change is intended to strike a balance by processing the claims while stopping those who might want to cheat the system.
Related: U.S. Will No Longer Allow Asylum Seekers to Stay While Claims Are Processed
The biggest caravan consisted of thousands of migrants who traveled to the southern border this fall from Honduras.
Trump has worked to prevent these migrants from entering the country illegally by mobilizing the military along the border and threatening to cut aid to countries that let the America-bound migrants pass through.
Trump has faced legal challenges on nearly everything he has tried to do on immigration; this new policy shift likely will be no different.
The U.S. Supreme Court made clear the president has the power to block classes of migrants when he was sued for blocking travel from several predominantly Muslim countries this past spring.
But since he isn’t blocking them outright this time, he could be beholden to restrictions.
Trump also attempted an earlier crackdown on illegal immigration that resulted in the separation of adults and the children they brought in illegally with them.
Many illegal immigrants had children with them when asking for asylum. But that process can often take longer than the 20 days immigration officials are allowed to hold children.
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