Ninth Circuit panel temporarily upholds Trump’s ‘wait-in-Mexico’ asylum policy

April 15, 2019 by Ben Marquis

In response to the surge of migrants illegally crossing the U.S. border to claim asylum, combined with a lack of adequate detention facilities to hold them, President Donald Trump’s administration issued a policy that would force asylum-seekers to wait in Mexico during the processing of their claims. As could be predicted, that policy was initially placed on hold by federal district judge Richard Seeborg in San Francisco early last week.

But somewhat surprisingly, a three-judge panel from the 9th Circuit Court of Appeals just overrode that lower court ruling in response to an emergency motion filed by the Trump Administration and will allow the policy to be implemented for now.

New asylum policy goes forward for now

Fox News reported that the federal appeals court panel on Friday blocked the lower court’s ruling from taking effect for the time being.

Furthermore, the panel has scheduled additional hearings this week for both sides in the case to make their arguments for and against the policy.

The district judge in California ruled last Monday in favor of a suit brought against the government by 11 Central American migrants and advocacy groups and declared that the policy placed migrants in danger by forcing them to remain in Mexico while their asylum claims were adjudicated.

Additional arguments forthcoming

The migrants and advocacy groups want the new policy permanently blocked so illegal entrants and asylum-seekers can continue to be released into the U.S. while they wait for their cases to be heard.

Unfortunately, as has been proven in the past, far too many of those simply disappear into the interior of the country and never show up for their scheduled court appearances, nor is the government able to locate and remove them when their asylum claims are denied, as is overwhelmingly the case.

The federal government, meanwhile, hopes the court will allow the new policy to remain in place, at least until the suit against it can work its way through the court system for a final determination on its legality. Both sides will submit arguments in support of their positions this week so that a longer-term ruling can be made.

Dems refuse cooperation on immigration reform

The previously noted surge of illegal border crossings and flood of asylum claims — most of which will ultimately be denied — has come on the heels of staunch Democratic refusal to cooperate with the president and Republicans on addressing the obvious problems and exploited loopholes in our nation’s immigration laws.

Whether that be denying funding for border wall construction, preventing the hiring of more federal immigration agents or the blocking the provision of more facilities to hold detainees, it was the Democrats’ obstinance that brought about this new policy in the first place.

And, of course, Congress is now on a spring break while important business continues to go unattended.

As President Trump tweeted on Monday, “Congress should come back to D.C. now and FIX THE IMMIGRATION LAWS!”