NBC News reports:
A divided U.S. appeals court late Friday refused to immediately allow the Trump administration to enforce a ban on asylum for any immigrants who illegally cross the U.S.-Mexico border.
The ban is inconsistent with an existing U.S. law and an attempted end-run around Congress, a panel of the 9th U.S. Circuit Court of Appeals said in a 2-1 decision.
“Just as we may not, as we are often reminded, ‘legislate from the bench,’ neither may the Executive legislate from the Oval Office,” 9th Circuit Judge Jay Bybee, a nominee of Republican President George W. Bush, wrote for the majority.
BREAKING: The Ninth Circuit denied the Trump administration’s request to reinstate its asylum ban in our lawsuit.
The decision to keep the ban blocked is consistent with the laws made by Congress and will save lives.
— ACLU (@ACLU) December 8, 2018