That is the upshot of a ruling from Judge Jon Tigar of the United States District Court for the Northern District of California, who blocked President Trump's order that would deny the asylum claims of the violent, migrant invaders who have occupied Tijuana, Mexico, and now demand entry into the United States.
Judge Jon S. Tigar of the US District Court for the Northern District of California said the proclamation issued on November 9 by President Donald Trump was an effort on the president's part to rewrite immigration laws.
The temporary restraining order will remain in effect until a December 19 hearing in Tigar's court on whether he should grant a longer-lasting preliminary injunction while awaiting a full trial.
The American Civil Liberties Union, Center for Constitutional Rights, and Southern Poverty Law Center were in court Monday successfully seeking the temporary restraining order to halt the policy as the legal challenge is litigated.
INSKEEP: So basic question - what is wrong, according to the critics here, with insisting that asylum-seekers come to regular legal border crossings on their way to the U.S.?
A federal judge has temporarily barred the Trump administration from refusing asylum to immigrants who cross the southern border illegally.
The plaintiffs' complaint alleged the administration violated the Immigration and Nationality Act, or INA, which maintains that if a person makes it to US soil - even if they've crossed the border illegally - they are eligible to apply for asylum.
"It's a disgrace what happens in the ninth circuit, we will win that case in the Supreme Court of the United States", he said.
Nielsen, speaking about migrant caravans moving through Mexico, claimed there are more than 6,200 individuals "camped out south of the U.S. border in Tijuana" and more than 3,000 caravan members in Mexicali.
Trump politicizes Thanksgiving call with troops to attack migrants, judges
The report said that the migrants who traveled for over a month can now see a bridge that separates them from the U.S. Troops have installed movable, wire-topped barriers, apparently to stop a potential mass rush of people.
The Michigan judge, also an Obama appointee, was even more harsh, accusing Department of Homeland Security officials of misleading the court to keep Iraqi migrants locked in detention, even though the government knew there was little chance of majority being deported.
The White House restored the press credentials of chief CNN White House correspondent Jim Acosta less than two weeks after withdrawing them over a testy exchange with President Trump. They make the point that some asylum-seekers don't always do it on objective.
U.S. District Judge Mark A. Goldsmith said since there's little chance they can be deported, the government must release them.
The statement cited a provision of the Immigration and Nationality Act, which says the president may suspend the entry of immigrants or impose restrictions on them when their entry would be detrimental to the U.S. The "caravans" have begun arriving in Tijuana, Mexico, across the border from San Diego, California.
U.S. District Judge Jon S. Tigar did not immediately rule Monday on the groups' request to stop the administration from enforcing the ban.
"This ban is illegal, will put people's lives in danger, and raises the alarm about President Trump's disregard for separation of powers", said ACLU attorney Lee Gelernt in a statement quoted by the Washington Post.
"But aliens who enter the United States unlawfully through the southern border in contravention of this proclamation will be ineligible to be granted asylum", the President wrote. The administration's rule, he observed, would force individuals "to choose between violence at the border, violence at home, or giving up a pathway to refugee status".
Miriam Aukerman, a senior staff attorney at the Michigan ACLU, said the case exposed serious malfeasance at ICE, and she said if the government was willing to "lie in a case that is this high-profile", there's no telling what's going on in other detention cases. "Congress has been clear on this point for decades".