Julio Gonzalez, M.D., J.D.

An Obama appointed federal judge ordered the Trump administration to resume accepting asylum claims from migrants regardless of the point of entry and how the entry occurred — in direction contradiction to both the immigration law and to the Supreme Court’s ruling this year.

In dismissing the administration’s new policy requiring that only asylum applicants who entered the country through designated points of entry be processed, Judge Jon S. Tigar of the United States District Court in San Francisco held that the Trump Administration was essentially rewriting immigration law.

Advocates against President Trump successfully argued before the judge that immigration law required people fleeing persecution to be allowed to seek safety in the United States regardless of how they arrived in the country. 

There’s only one problem with the advocacy groups’ arguments and with the judges ruling; the language within the Immigration and Naturalization Act (INA) itself. The fact is that Congress foresaw the possibility of explosive situations like the one in Central America.

For that reason, 8 U.S.C. §1182(f) of the INA reads, in part, “Whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate” [emphasis added.]

That is exactly what the President did.

What Judge Tygar purposely ignores is that Section 1182(f) of the INA actually gives the President the authority to respond to issues such as the one developing in Central America in whatever manner he feels appropriate. Consequently, the President’s proclamation is completely consistent with the powers afforded to him by Congress.  

To make matters even dicier for Judge Tigar, the Supreme Court has already weighed in on the issue. In Trump v. Hawaii, the Supreme Court decided on June 26, 2018, that the President was granted “broad discretion” in dealing with aliens attempting to enter the country.

Help Us Further The Truth  

So, where are we in this situation?  

Unfortunately for our nation’s security, the court’s ruling essentially amounts to an invitation to all foreign nationals attempting to gain illegal entry into the United States to pursue their entry at all possible costs. The urgency of the matter, particularly in light of the growing wave of migrants accumulating south of the board, makes affirmative action by the White House a must.

First, it is imperative that the President undertake the appellate process with all possible haste. The President must seek emergency judicial review to the Ninth Circuit. Of course, the Ninth Circuit with its consistent liberal agenda will uphold the lower court’s ruling.  

The President must then rapidly proceed to the Supreme Court where this case will undoubtedly be overruled.

Dr. Julio Gonzalez is an orthopaedic surgeon and lawyer living in Venice, Florida. He is the author of The Federalist Pages and cohost of Right Talk America With Julio and Rod. Dr. Gonzalez is presently serving in the Florida House of Representatives. He can be reached through www.thefederalistpages.com to arrange a lecture or book signing.


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Reversing ‘Obama Judge’ Ruling On Asylum Seekers
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14 thoughts on “Reversing ‘Obama Judge’ Ruling On Asylum Seekers

  • November 23, 2018 at 1:49 pm
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    Trump needs to seize chief justice John Roberts two illegally adopted children and threaten to send them back to Ireland. Apparently this is the only thing that forced him to abandon his Conservative principles and support Obamacare. Fight fire with fire! Robert’s sold out the entire nation trying to hide his child trafficking crimes!

    Reply
    • November 23, 2018 at 3:23 pm
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      Sounds as, if Roberts should be facing trial and charges and is unfit to be sitting on the court depending on his final disposition regards such matters.

      Reply
      • November 24, 2018 at 12:44 am
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        Once a Circuit Court Judge has been overturned five times he should be brought up for review by the S.C. as to his/her suitability to continue as a Judge. Political decisions should be considered an abdication of duties and be an impeachable offense. In this case Trump should just ignore the decision and any “contempt” rulings that may be generated. These Judges are poisoning their own wells of good will granted by the American people. Soon they may lose Americans confidence and then where do they turn? Courts will become ineffective and useless because of these politically motivated traitors to the Constitution.

        Reply
  • November 23, 2018 at 2:41 pm
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    It’s really sad that, by default, the Leftist extremists in the 9th Circus always get their way. When will Americans simply be allowed to enjoy the policies for which they voted? I can’t recall any conservative-heavy circuit being allowed to set policy by repeatedly legislating from the bench. I thought that wasn’t allowed.

    It seems that, when the Right wins a case…it’s appealed until they lose. When the Left wins a case…it’s etched in a stone tablet and everyone else can take a sh1t. And they wonder why there’s animosity between the parties.

    Reply
    • November 23, 2018 at 3:30 pm
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      No one is wondering, but you. We are in a form of civil war some many years already. Where have you been?

      Reply
  • November 23, 2018 at 3:29 pm
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    Ignore the judge’s order; what’s he going to do about it? Judges have no more right to break the law than joe six pack does.

    Reply
  • November 23, 2018 at 3:30 pm
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    No one is wondering, but you. We are in a form of civil war some many years already. Where have you been?

    Reply
  • November 23, 2018 at 3:32 pm
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    Americans don’t give a flying about any of this as long as they will be permitted by their rulers to go on living their little, tiny, small, quavering lives. Men like Franklin, Washington, and Jefferson are not only all deaqd and gone, but they are now banned as “slave owners.” Oh? Well fk that too.

    Reply
  • November 23, 2018 at 4:55 pm
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    Write to Chief Justice Roberts and tell him to keep his nose out of the Executive Branch of government.
    The Chief Justice of the United States, One First Street N.E., Washington, D.C., 20543

    Reply
  • November 23, 2018 at 5:06 pm
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    Turds on the left like lying, cheating, crooked Hillary, James Comey and others can refuse to follow subpoenas so why does PRESIDENT Trump have to obey some left-wing judge?

    Reply
  • November 23, 2018 at 5:17 pm
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    Ignorance of the law should be ignored, not revered. The President has the executive powers to issue the proclamation, nuff said!

    Reply
  • November 23, 2018 at 8:37 pm
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    If a judge gives an illegal ruling, is it illegal to disobey him? If so, why? If it’s ILLEGAL for the judge to contradict the law, then what he says means……..nothing. Just like in the instance of a soldier/sailor/airman/marine given an illegal order is REQUIRED BY REGULATIONS to disobey it. The judge issued an illegal ruling. Trump shouldn’t obey it as it IS illegal. And then that judge should be impeached (yes, you CAN. It’s actually written so that an appointed justice can be impeached for high crimes and misdemeanors), removed from the bench, tried for issuing illegal rulings according to STANDING LAW VERIFIED BY SCOTUS, and sent to jail. Betcha a whole BUNCH of left wing idiot “judges” appointed by partisan hacks like Obama and Clinton would be looking for an early retirement!

    Reply
  • November 24, 2018 at 12:13 pm
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    Unfortunately, there is no way to know how many thousands we will have to process before this gets to a decision by the Supreme Court. Look at the problems in Tijuana right now.

    Reply

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