Thursday, 02 April, 2020


Appeals court narrows injunction on asylum ban

Central American migrants returned from the U.S. to Nuevo Laredo in Mexico under the Migrant Protection Protocol to wait for their court hearing for asylum seekers are seen arriving to Monterrey Appeals court narrows injunction on asylum ban
Bennie Garza | 19 August, 2019, 00:45

The Justice Department and Homeland Security rolled out a new rule in July that prohibits migrants from lodging asylum claims in the USA if they did not first make a claim in a country they crossed during their journey. The policy also applies to asylum seekers from South America, Africa, and Asia.

Canada and the USA have a "safe third country" agreement.

Mexico's National Immigration Institute said it is uses to move migrants south from Nuevo Laredo and Matamoros - two of the most unsafe cities on the northern border.

The US government is already turning away many asylum seekers at the southern border. Tens of thousands of others are waiting in shelters and camps to present themselves to border agents at official ports of entry that have limited how many asylum seekers they will process daily.

U.S. District Judge Jon Tigar in California issued the preliminary injunction blocking the restrictions at the end of July and the Trump administration had appealed that decision to the Ninth Circuit Court, seeking a stay pending appeal of the case.

Mexico's asylum system is itself overwhelmed, and there are widespread reports of migrants being subjected to attacks and extortion.

Mexico's National Immigration Institute said Friday it is busing migrants from the border cities of Nuevo Laredo and Matamoros to southern Chiapas state.

It is unclear how the migrants will be able to return to the border for their hearings.

The appeals court ruled that Tigar had not considered whether a nationwide order was necessary and that the "limited record" shows that it wasn't. Judge Wallace Tashima, an appointee of Bill Clinton, however, argued to keep the freeze in place for the entire country. Trump previously derided Tigar as an "Obama judge" after Tigar ruled against another set of asylum restrictions past year.

Trump nominated Bennett, while Smith was nominated by former President George W. Bush.

Lee Gelernt, the lead lawyer for the American Civil Liberties Union in the legal challenge to the asylum rules, said his organization plans to provide the judge in the case with more information about why the president's rules should be blocked nationwide.

The U.S. Department of Justice declined to comment.

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