A federal judge in San Francisco has re-upped his prior ruling blocking the Trump administration’s changes to rules barring migrants entering outside designated ports of entry along the U.S. via the Mexico border from applying for asylum.
U.S. District Judge Jon Tigar on Wednesday issued a preliminary injunction preventing the regulation from going into effect, finding that it “was inconsistent with the will of Congress as expressed in the United States’ immigration statutes.”
The ruling replaces a restraining order Tigar issued last month temporarily blocking the rules that were set to expire Wednesday at midnight. At a hearing on the motion for preliminary injunction Wednesday morning, Tigar noted that his prior ruling had already been reviewed by the U.S. Court of Appeals for the Ninth Circuit.
Earlier this month, the Ninth Circuit largely upheld Tigar’s ruling in an opinion by Judge Jay Bybee, which called the administration’s move an “end run around Congress.”
Tigar’s initial ruling in the U.S. District Court for the Northern District of California sparked an extraordinary back-and-forth between Chief Justice John Roberts and President Donald Trump, who called Tigar an “Obama judge.”
“Every case that gets filed in the Ninth Circuit, we get beaten,” Trump said according to the Associated Press. “And then we end up having to go to the Supreme Court, like the travel ban, and we won.”
Roberts issued a rare statement shortly after Trump’s remarks saying the United States doesn’t have “Obama judges or Trump judges, Bush judges or Clinton judges.”
Read the opinion: