Trump on Tuesday criticized the 9th U.S. Circuit Court of Appeals, which would likely receive any appeal of Tigar's order and has already ruled against the administration in several immigration cases.
"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, an Obama appointee.
Gelernt said the ACLU had recently learned Mexican authorities have begun barring unaccompanied minors from applying at USA ports of entry.
DHS wants asylum seekers at the southern border to appear at an official crossing.
"Congress has clearly commanded that immigrants be eligible for asylum regardless of where they enter", the judge said.
In issuing the asylum ban, Trump used the same powers he used a year ago to impose a travel ban that was ultimately upheld by the Supreme Court.More news: Wizards fine Wall for yelling expletive at coach Brooks
A United States judge on Monday put a temporary halt to an order by US President Donald Trump administration denying the possibility of asylum to people who enter the US illegally. It said, "As the Supreme Court affirmed this summer, Congress has given the President broad authority to limit or even stop the entry of aliens into this country".
President Donald Trump issued a proclamation announcing the rule that anyone caught crossing into the us illegally at the southern border could be rendered ineligible for asylum on November 9, just days after the midterm elections.
He was spurred on by the approach of several migrant caravans, with thousands of people who he said included "criminals" and "very bad thugs and gang members".
Mr Trump signed the order earlier this month in response to the migrant caravan moving towards the border.
Migrants -mostly Hondurans- taking part in a caravan heading to the U.S., rest at the Asuncion temple -fitted out as a temporary shelter- in Puebla, Puebla state, Mexico, on November 4, 2018.
And the order from the judge takes effect immediately nationwide, and lasts until at least December 19.
He questioned the legal basis the administration had for stopping asylum claims based off the method a person used for entering the country.More news: CDC Advises Consumers Not to Eat Romaine Lettuce Over E. Coli Concerns
They brought the San Francisco case saying his decision was illegal.
"I'm going to put in a major complaint, because you can not win if you're us", Mr. Trump said at the White House, facing reporters just before jetting off for a Thanksgiving holiday in Florida. At least 107 people have been detained for claiming asylum outside of official crossing points since the order came into effect.
After headlines, we'll speak about Trump's asylum ban with Baher Azmy of the Center for Constitutional Rights.
When the new policy was announced by the Department of Homeland Security on November 8, a senior administration official said it would address what he called the "historically unparalleled abuse of our immigration system" along the border with Mexico.
The U.S. military has deployed 5,800 active-duty troops to the U.S. -Mexico border. But many border crossings, such as in San Ysidro, have long waiting times.More news: Saudi king backs son, praises judiciary amid furore over Khashoggi murder