A federal judge in California has disregarded a higher court’s ruling to reinstate a nationwide injunction against one of the Trump administration’s new immigration rules.
On Monday, U.S. District Judge Jon Tigar issued a court order for a nationwide halt to enforcement of a Trump administration rule requiring asylum-seekers who come through multiple countries to apply for refuge in a safe “third country” along the way.
Tigar had already blocked the rule once before in mid-August, but — after the case was appealed — the injunction was dialed back by the 9th Circuit Court of Appeals, which limited to the injunction to areas within their geographic territory. In effect, this meant that the new policy would only have gone into effect for the time being in Texas and New Mexico, but not in Arizona and California, which are within the 9th Circuit’s territory.
“While nationwide injunctions are not the ‘general rule,’ ” Tigar — an Obama appointee who is a judge for the Northern District of California — concluded in his latest decision, “they are appropriate ‘where such breadth [is] necessary to remedy a plaintiff’s harm.'” . . .
“While a small number of suits present matters and settings for which nationwide injunctive relief is appropriate, federal district court judges have issued nationwide injunctions in situations far beyond that set,” writes Ronald Cass — dean emeritus of the Boston University School of Law — in a 2018 academic paper. “Expanded use of nationwide injunctions—especially broad injunctions against the United States—undermines rule-of-law values, threatens the operation of courts as impartial arbiters of disputes over legal rights, erodes the Constitution’s careful separation of functions among the branches of government, and is at odds with basic aspects of the federal judiciary’s design, including its geographic divisions.” (Read more from “Federal Judge Reinstates Order Blocking Trump Immigration Policy Nationwide” HERE)