Blocking the policy ‘takes off the table one of the few congressionally authorized measures available to process’ migrants…
(Kartikay Mehrotra, Bloomberg News) The Trump administration persuaded a federal appeals court to let border officials continue to force Central American asylum seekers to wait in Mexico while their applications for entry to the U.S. are pending.
While Tuesday’s ruling by the 9th Circuit Court of Appeals is temporary, a three-judge panel said the Department of Homeland Security will probably prevail in defending the policy that was announced in December and later challenged by the American Civil Liberties Union.
A San Francisco judge who blocked the policy in April agreed with the ACLU that waylaying asylum seekers in Mexico for months would put them in peril.
But the appeals panel cited “the Mexican government’s commitment to honor its international-law obligations and grant humanitarian status and work permits to individuals returned.”
The panel also said blocking the policy “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 administration can go on returning asylum applicants who are flooding our border to Mexico, and doesn’t have to go back to catching and releasing them into the U.S., where most would just disappear, never showing up for any hearings,” said Dale Wilcox, executive director of the Immigration Reform Law Institute, the only group to submit a brief supporting the government. “If the government prevails on the merits — which the Court yesterday said was likely — the policy will continue long-term. That should have a strong deterrent effect on bogus asylum claims.”
©2019 Bloomberg News. Distributed by Tribune Content Agency, LLC. Liberty Headlines editor Paul Chesser contributed.