Ninth Circuit Appellate Court Allows ‘Return to Mexico’ Policy to Remain In Force…

Ninth Circuit Appellate Court Allows ‘Return to Mexico’ Policy to Remain In Force…

Posted on May 7, 2019by sundance

A win for the Trump administration in the ongoing effort to stem the influx of migrants crossing the U.S-Mexico border seeking asylum.  The ninth circuit federal appeals court ruled (full pdf below) that the Trump administration can continue returning Central American migrants to Mexico while their requests for asylum in the U.S. are adjudicated.

The Ninth Circuit decision is a victory for the administration.  The ruling stays the effect of a decision last month by a judge who blocked the policy while it was being challenged.

(WSJ) […] The policy, officially named the Migrant Protection Protocols, is more commonly known as “Back to Mexico” or “Remain in Mexico.”

While Tuesday’s court action isn’t a final decision on the merits of the case, the appeals court held that several legal factors favored allowing the Trump administration to administer the policy while the litigation continues.

A three-judge panel of the Ninth Circuit, in an unsigned opinion, said the administration likely had a legal basis for the policy. The court also said the Department of Homeland Security would be irreparably harmed if the court “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.”  (more)

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Here’s the full ruling:

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