The US Department of Justice said on Tuesday that it plans to appeal a decision by a federal judge in California blocking the Trump administration’s rule denying asylum to migrants illegally crossing the southern border of the US.
In addition to its notice of appeal, the Justice Department asked the court to respond within one day without giving the plaintiffs, represented by the ACLU’s Immigrants Rights Project and Southern Poverty Law Center, an opportunity to respond.
In an order on Tuesday afternoon, Northern District of California Judge Jon Tigar wrote the court could not “reasonably conclude” that the issues presented “require resolution within one day without an opportunity for the opposing parties to be heard,” citing that the defendants had waited eight days to file their motion for a stay. Nonetheless, Tigar partially granted a shortening of time and gave the plaintiffs until November 29 at 5PM to respond.
On November 19, Tigar temporarily blocked the Trump administration rule until December 18, saying the policy likely violates federal law on asylum eligibility.
The Justice Department said in its notice of appeal that Tigar’s decision “immediately harms the government and jeopardizes important national interests.”