DHS chief says Trump administration to appeal asylum ruling ‘as quickly as possible’

Homeland Security Secretary Kirstjen Nielsen said Tuesday that the Trump administration intends to appeal a federal judge’s ruling blocking the president’s order that was aimed at preventing certain immigrants from claiming asylum.

“Let me be clear: this court from a chamber in San Francisco has replaced the president’s judgment with regard to the fully delegated authority to determine what is a true national security threat to our nation’s sovereignty,” Nielsen said at a press conference at the southern U.S. border.

“We will follow all laws and judicial rulings, but we will also be appealing it as quickly as possible. I have no doubt we will be successful,” Nielsen added before calling on Congress to pass laws that would close immigration “loopholes.”

{mosads}U.S. District Court Judge Jon Tigar late Monday sided with opponents of President Trump’s policy prohibiting certain immigrants from claiming asylum, granting their request for a temporary restraining order.

“Whatever the scope of the President’s authority, he may not rewrite the immigration laws to impose a condition that Congress has expressly forbidden,” Tigar wrote in his ruling.

Tigar sits on the U.S. District Court for the Northern District of California. An appeal of his decision would be referred to the 9th Circuit Court of Appeals, a court Trump railed against on Tuesday afternoon.

Trump complained that cases filed with the 9th Circuit mean an “automatic loss” for his administration, and said he intends to file a “major complaint.” He did not elaborate on what that complaint would involve.

Nielsen said Tuesday afternoon that she was “deeply disappointed” in the judge’s ruling on Monday, arguing it will “unequivocally make the United States less secure.”

She went on to echo Trump’s criticism of the 9th Circuit, claiming “open border advocacy groups” attempt to “venue shop” by filing cases in the jurisdiction of that court.

Nielsen’s comments come amid uncertainty about her own future in the administration.

The Washington Post reported last week that Trump has decided to oust Nielsen amid frustrations that she has not been strong enough on border security. Her departure could reportedly come within the next few weeks.

The administration has for months been critical of various judges ruling against orders issued by Trump.

Former Attorney General Jeff Sessions regularly argued during his tenure that federal judges had overstepped their bounds in rulings on Trump administration policies, and Trump last year derided the judge who halted his travel ban as a “so-called judge.”