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Court says Trump can continue policy requiring asylum-seekers to remain in Mexico
The 9th Circuit Court of Appeals on Tuesday ruled that the Trump administration can continue to enforce a policy requiring some asylum-seekers to remain in Mexico while their cases are processed.
The ruling from the San Francisco-based appeals court places a stay on a preliminary injunction on the asylum policy issued by a lower court.
The panel of judges wrote in the opinion that the Department of Homeland Security (DHS) had shown that it was likely to suffer irreparable harm if the policy was halted because it “takes off the table one of the few congressionally authorized measures available to process the approximately 2,000 migrants who are currently arriving at the Nation’s southern border on a daily basis.”
The judges also found that the policy was not implemented in violation of the Administrative Procedure Act because it is not one of the policies covered by the act and therefore does not require certain processes to take place ahead of its implementation.
Several immigration groups had sued DHS over the policy on behalf of migrants affected by the policy, arguing that the practice was improperly implemented and put the migrants in harm’s way.
However, some of the judges were highly critical of DHS’s implementation of the policy in individual opinions authored on the decision, signaling that they could oppose the policy in a later ruling.
Judge Paul Watford, an Obama nominee, wrote in his opinion that he believes the administration’s treatment of asylum-seekers is in violation of the U.S.’s obligation to not return those migrants to countries where they could face persecution.
He pointed to DHS guidelines that state that immigration officers ask applicants who are being returned to Mexico if they fear persecution or torture in the nation only if the migrants say so themselves first.
More at link:
Court says Trump can continue policy requiring asylum-seekers to remain in Mexico
The 9th Circuit Court of Appeals on Tuesday ruled that the Trump administration can continue to enforce a policy requiring some asylum-seekers to remain in Mexico while their cases are processed.
The ruling from the San Francisco-based appeals court places a stay on a preliminary injunction on the asylum policy issued by a lower court.
The panel of judges wrote in the opinion that the Department of Homeland Security (DHS) had shown that it was likely to suffer irreparable harm if the policy was halted because it “takes off the table one of the few congressionally authorized measures available to process the approximately 2,000 migrants who are currently arriving at the Nation’s southern border on a daily basis.”
The judges also found that the policy was not implemented in violation of the Administrative Procedure Act because it is not one of the policies covered by the act and therefore does not require certain processes to take place ahead of its implementation.
Several immigration groups had sued DHS over the policy on behalf of migrants affected by the policy, arguing that the practice was improperly implemented and put the migrants in harm’s way.
However, some of the judges were highly critical of DHS’s implementation of the policy in individual opinions authored on the decision, signaling that they could oppose the policy in a later ruling.
Judge Paul Watford, an Obama nominee, wrote in his opinion that he believes the administration’s treatment of asylum-seekers is in violation of the U.S.’s obligation to not return those migrants to countries where they could face persecution.
He pointed to DHS guidelines that state that immigration officers ask applicants who are being returned to Mexico if they fear persecution or torture in the nation only if the migrants say so themselves first.
More at link:
Court says Trump can continue policy requiring asylum-seekers to remain in Mexico
