FACT CHECK: Obama Admin ALSO Used Tear-Gas at the Border

The Trump administration will appeal a judge's order blocking its policy of denying asylum for immigrants who enter the US illegally.

The Justice Department plans to appeal the order to the Ninth Circuit Court of Appeals. The Ninth Circuit has already ruled against the president in several immigration cases, so it's unclear if the administration will have much success there. 

President Trump criticized the Ninth Circuit Court of Appeals last week as biased, and he called the judge who had ruled against him a quote, "Obama judge." That led to a highly unusual rebuke from the nation's chief justice of the US Supreme Court. 

Now the case is heading to the Ninth Circuit which is widely seen as very liberal and well outside the mainstream since its rulings are overturned quite frequently by the Supreme Court. 

Meanwhile, Democrats in Congress are opposing Republican efforts to spend $5 billion for a border wall. The president has threatened to shut down the government if he doesn't get the money.

With the possibility of a government shutdown coming up in just over a week, President Trump met with Republican leaders Tuesday to work out a spending plan that includes funding for his proposed border wall with Mexico.

Trump wants $5 billion for the wall, and he's increasing the pressure on Congress to provide it. House Republicans approved the $5 billion in a key committee, but a bipartisan bill in the Senate only allowed $1.6 billion for it.

House Majority Whip Steve Scalise asked if the Democrats would be willing to shut down the government because they don't want to keep America safe.

The border safety issue continues to heat up after hundreds of Central American caravan members tried to breach the border this weekend. The use of tear gas against them on Sunday has raised many questions.  

"They were being rushed by some very tough people. And they used tear gas. And here's the bottom line. Nobody's coming into our country, unless they come in legally," Trump said.

Trump defends the US Border Patrol's using the gas to disperse protestors and it's become clear this isn't the first administration practicing the method. The Obama administration used tear gas and pepper spray at the border dozens of times. 

Newsweek reports that under Obama, the CBP used it a total of 126 times starting back in 2012. 

About 8,500 migrants are waiting in Tijuana while the US processes their requests for asylum. According to the Department of Homeland Security, approximately 1,000 tried to rush the gate last weekend, attacking US agents with rocks and bottles. 
  
DHS Secretary Kirstjen Nielson also defended the use of tear gas saying, "It is shocking that I have to explain this, but officers can be seriously or fatally injured in such attacks." 

Tear gas is also used domestically by police trying to contain outbreaks of lawlessness.