Once again, the Trump administration has been thwarted by a liberal 9th Circuit Court judge.
Remain in Mexico
The number of migrants trying to come to the U.S. from Central America is rising every month, straining border patrol resources and packing the immigration courts.
Using the Migrant Protection Protocols program, the Trump administration was trying to return asylum seekers back to Mexican border cities to wait for their case to be called in immigration court — where the caseload is stacking up significantly.
The stance of the administration is that some migrants seeking asylum will lose their cases. They know this and after being released, they often do not even bother to show up for their hearing. By the time their court date arrives, they are long gone and just another statistic for ICE to deal with.
The judge, however, ruled that the policy did not include proper “safeguards” ensuring that asylum seekers would not be sent back “to places where they face undue risk to their lives or freedom.”
He also decided that the Protocol itself was not authorized by Congress under current law.
Judge Seeborg’s ruling means those seeking asylum effective Friday will be allowed to remain in the U.S. while awaiting their hearing.
Additionally, asylum seekers that have already been sent back to Mexico may now return to the United States.
The Trump administration has an opportunity to appeal the decision.
Trump was furious with the decision, tweeting, “A 9th Circuit Judge just ruled that Mexico is too dangerous for migrants. So unfair to the U.S. OUT OF CONTROL!”
Now we know why the Senate is trying to push through more conservative judicial appointments to the 9th Circuit.