'Whatever the scope of the President's authority, he may not rewrite the immigration laws to impose a condition that Congress has expressly forbidden, ' said Tigar, a nominee of former President Barack Obama.
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 extensive wait times. The proclamation was a response to the migrant caravan of Central Americans heading toward the border, which became a top issue in the weeks leading up to the midterms elections.
U.S. Army active duty troops from Ft. Military officials indicated Monday and Tuesday that they are weighing when and whether to start redeploying some of those troops.
The judge suggested that the Trump administration's ban went against "basic separation of powers principles" in the us, which he said "dictate that an agency may not promulgate a rule or regulation that renders Congress' words a nullity".
Tigar's injunction can be appealed to the 9th Circuit Court of Appeals, and is set to expire on December 19. In issuing the ban, Trump used the same powers he used a year ago to impose a travel ban that was ultimately upheld by the Supreme Court.
Only those who entered the country through a port of entry would be eligible, he said, invoking national security powers to protect the integrity of the United States borders.
Previous Trump immigration policies, including measures targeting sanctuary cities, have also been blocked by the courts.
The government is in the process of appealing those rulings.
"There is a legal and illegal way to enter the U.S. We have deployed additional forces to protect our border".
Donald Trump on How He Makes Decisions: 'I Don’t Think About Them'
In my opinion he would have lost. "I like her very much I respect her very much I'd like her to be much together on the border. And I really probably assumed that was fine and I was extremely busy because of affairs of state - doing other things".
Mexicans migrants watch as workers place concertina wire on the border structure Separating Mexico and the United States, where the border meets the Pacific Ocean, Friday, Nov. 16, 2018. Late last month, some in the caravan kicked and pushed their way through the Guatemala border into Mexico. He said he did not travel with any of the caravans.
"Likewise, the U.S.is ill-prepared for this invasion, and will not stand for it".
It said that those seeking entry can only do so temporarily at recognized ports of entry to allow for "orderly processing" and denied entry to those at any other location along the southern border.
"Congress has clearly commanded that immigrants be eligible for asylum regardless of where they enter", the judge said. Per the Post, the Justice Department's lawyer tried unsuccessfully to convince Tigar that there was a "crushing strain" of people trying to cross the southern border illegally. He alleged that most asylum claims were "ultimately meritless".
A judge has ordered the USA government not to enforce a ban on asylum for people who cross the southern border illegally, another court setback for the Trump administration's efforts to impose new immigration restrictions without congressional approval.
Tigar voiced concern for the fate of asylum seekers under the changes.
The administration has said it will appeal the ruling.
Earlier in the day, President Trump, in remarks to reporters at the White House, called the liberal-leaning appellate court "a disgrace" whose judges are "very unfair".
Lee Gelernt, the ACLU attorney who argued the case, welcomed the ruling in a statement.
After headlines, we'll speak about Trump's asylum ban with Baher Azmy of the Center for Constitutional Rights.