The Ninth 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, according to The Hill.
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.
It’s a good victory.
A three-judge panel of the U.S. Court of Appeals for the 9th Circuit cited different reasons for permitting the “remain in Mexico” initiative to move forward after a lower court blocked it last month. The appeals court allowed the policy to continue only on a temporary basis, while the court considers broader issues in the case, Politico writes.
All three judges supported the decision. Judge O’Scannlain wrote the opinion, stating DHS could suffer irreparable harm if the process is halted.
“DHS is likely to suffer irreparable harm absent a stay because the preliminary injunction 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,” he wrote.
Last month, Obama Judge Richard Seeborg, bowing to the ACLU that brought the case, blocked the policy of returning asylum seekers to Mexico as they wait their turn for an immigration judge to hear their cases.
The lawsuit claims the Trump administration violated US law by failing to properly evaluate the dangers the illegal aliens face in Mexico. It also accuses officials of depriving migrants of their right to apply for asylum.
This ruling in favor of the President will stay in effect until the case winds its way through the appeals court.