Feared border surge avoided, as Wuhan coronavirus spreads
The Supreme Court, once again, has put on hold a lower court injunction trying to prevent Trump from exercising his lpower over who enters the country.
Amy Howe reports:
Today the Supreme Court granted the Trump administration’s application for permission to enforce the Migrant Protection Protocols, colloquially known as the “remain in Mexico” policy, while it appeals to the Supreme Court. Announced in December 2018, the policy allows the Department of Homeland Security to return immigrants seeking asylum to Mexico while they wait for deportation proceedings. Justice Sonia Sotomayor was the only justice to note publicly that she would have denied the government’s request.
The Trump administration came to the Supreme Court last week, after a federal district court in California blocked the government from enforcing the policy anywhere in the United States. The policy, the district court ruled, is likely inconsistent with both federal immigration law and the doctrine of international law barring the return of asylum seekers to countries where they may be in danger. The U.S. Court of Appeals for the 9th Circuit upheld the district court’s decision and barred the government from enforcing the policy in California and Arizona; the 9th Circuit’s order was scheduled to go into effect tomorrow.
The Order provides:
19A960 WOLF, SEC. OF HOMELAND, ET AL. V. INNOVATION LAW LAB, ET AL.
The application for stay presented to Justice Kagan and by her referred to the Court is granted, and the district court’s April 8, 2019 order granting a preliminary injunction is stayed pending the timely filing and disposition of a petition for a writ of certiorari. Should the petition for a writ of certiorari be denied, this stay shall terminate automatically. In the event the petition for a writ of certiorari is granted, the stay shall terminate upon the sending down of the judgment of this Court.
Justice Sotomayor would deny the application.
The so-called ‘Remain in Mexico’ order is of particular importance with the Wuhan coronavirus spreading, as if the rule were removed, people claiming asylum — even frivolously — would have been able to stay almost indefinitely in the U.S. There was a fear that if the rule were removed, there would be a border surge complicating public health efforts.
A judicial flip-flop is causing chaos at the southern border.
US authorities shut down a bridge in El Paso, Texas, late Friday after a federal appeals court dealt a sharp blow to President Trump’s border-enforcement strategy — then suspended its order hours later.
A three-judge panel of the 9th Circuit Court of Appeals struck down a program that requires Central American migrants to wait outside the US while their asylum cases are pending.
More than 100 migrants stormed the Ciudad Juarez-El Paso border bridge as word of the ruling spread in the Mexican camps where at least 25,000 asylum-seekers are waiting, authorities said.
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