Federal Appeals Court (9th Circuit) Blocks Trump’s ‘Remain in Mexico’ Policy

National Review ^ | February 28, 2020 | Zachary Evans

[karpov]

A federal appeals court has blocked the Trump administration’s “Remain in Mexico” policy that requires asylum seekers who attempt to cross the U.S.-Mexico border to wait in Mexico while their cases are processed in the U.S.

The unanimous ruling from a three-judge panel of the 9th U.S. Circuit Court of Appeals stated the policy conflicted with U.S. immigration law. The court blocked the Remain in Mexico policy, originally known as the Migrant Protection Protocols, across the entire U.S.-Mexico border.

Around 59,000 people are currently a part of the program, Customs and Border Protection Commissioner Mark Morgan said on Thursday.

Top immigration officials in the Trump administration, including Acting Customs and Border Protection Commissioner Mark Morgan and Acting Deputy Secretary for Homeland Security Ken Cuccinelli, have defended the Remain in Mexico program as a effective way to eliminate the “catch and release” statuts quo, in which migrants were released back into the U.S. after being apprehended and instructed to return for their asylum hearing months or, in some cases, years later. Officials have also said the policy works as a deterrent to illegal immigration.

However, in the court’s decision Judge William Fletcher criticized the policy as putting migrants’ well-being in danger.

“[The Migrant Protection Protocols have] had serious adverse consequences for the individual plaintiffs,” Fletcher wrote. “Plaintiffs presented evidence in the district court that they, as well as others returned to Mexico under the MPP, face targeted discrimination, physical violence, sexual assault, overwhelmed and corrupt law enforcement, lack of food and shelter, and practical obstacles to participation in court proceedings in the United States. The hardship and danger to individuals returned to Mexico under the MPP have been repeatedly confirmed by reliable news reports.”

[rjsimmon]

It's a temporary injunction until the case is heard.

Concur. It was a 3 member panel, not en banc.

[NFHale]

Trump should order the BP to make them stay across the border anyway.

Let the the judges enforce it themselves.

[IllumiNaughtyByNature]

We’ll know shortly.

[itsahoot]

[Gay State Conservative]

I thought that the President had recently succeeded in flipping the 9th Circus to one adhering to Constitutional standards.

[sanjuanbob]

This is the largest circuit court in the country. Why were there only 3 judges on this panel?

[hsmomx3]

Can’t he do an exec order due to the coronavirus?

[bigbob]

That’s true but not all judges work on all cases, this was a three judge panel made up of non-Trump appointees.

[Lurkinanloomin]

Depends on who John Roberts talked to last.

[House Atreides]

This is the largest circuit court in the country. Why were there only 3 judges on this panel?
***********************************************
That’s how the 9th handles all their cases, at least initially.

[mass55th]

With two cases of Coronavirus showing up in Mexico, why aren’t the Democrats crying for the President to close the border? I just tried calling Schumer’s Washington office...no answer, and no option to leave a message. He must be off eating his cheesecake.

[TiGuy22]

Agreed. I read just yesterday Trump had flipped the 9th Circus.

[Cboldt]

-- Any effort to regain control of the borders is ruled unconstitutional. --

This case is vs. congressional enactment, not vs. constitution.

Congress wants the border open.

[Sam Gamgee]

Fine. Kill 2 birds with one stone. Lock down the southern border as an effort to keep Americans safe from the virus. You stop crossings AND get a gold star for protecting Americans from disease.

[Sam Gamgee]

Why the public can’t see their duplicity I will never understand. Trump should call them on it. Have the House sponsor the Protect America Act to send the army to the border.

[Hostage]

> “... from a three-judge panel of the 9th U.S. Circuit Court of Appeals”

Let’s see what happens when the full ‘en banc’ 9th Circuit is asked to review the panels opinion.

[Ingtar]

I wonder how the rest of the Ninth feels about this. It was my impression it was a lone judge.

[Amendment10]

"However, in the court’s decision Judge William Fletcher criticized the policy as putting migrants’ well-being [??? emphasis added] in danger."

FR: Never Accept the Premise of Your Opponent’s Argument

While a global effort is being made to stop the spread of Coronavirus, some judges seem to be preoccupied with immigration laws.

• Migrant with flesh-eating bacteria detained at US border

• Syrian refugees are a health hazard to US by bringing flesh-eating leishmaniasis disease

• 22 Percent of Resettled Refugees in Minnesota Test Positive for Tuberculosis

• More than one-third of refugees in Vermont test positive for tuberculosis

• CDC Official Says 'Thousands' May Have Arrived in US With Zika

• Measles outbreak traced back to inmate at Arizona immigrant detention facility

• Dozens screened after female employee at Clark County school dies of TB.

• Tuberculosis, flu, infections rampant as the number of sick migrants surge at border

• Nearly 200 immigrants in Texas detention facilities have mumps

• More than 200 Georgia high school students called in to get tested for tuberculosis after [tr]

• Border Patrol releasing thousands who were exposed to diseases like tuberculosis.....

• 400 Shadow Hills High students may have been exposed to tuberculosis

• Feds: Nearly 900 Migrants with Mumps Disease Arrived in U.S. Last Year

Remember in November!

MAGA, now KAGA! (Keep America Great Always!)

Supporting PDJT with a new patriot Congress that will promise to fully support his already excellent work for MAGA will effectively give fast-working Trump a third term in office imo.

[mass55th]

I called my Democrat Congressman and asked the guy who answered why, if the Democrats are so worried about the virus, why aren't they telling the President to close the border, especially with the fact that active cases of the virus have shown up in Mexico. He said he'd pass my comment on to the Congressman.

I also went to The Hill.com, and after reading all the comments about how Trump is stupid, not credible, and hoping he'd get the virus, I posted this:

If the Democrats, and all the whiners on this thread were so concerned about the response to the Coronavirus, then why aren't they and their Democrat leaders calling for the southern border to be closed, especially in light of the fact that active cases of the Coronavirus have been confirmed in Mexico. And now one, lone liberal Judge on the 9th Circuit Court has decided that illegals can no longer be held in Mexico, why aren't all you cry babies contacting your Congressmen and Senators to urge them to close the freakin' border. Because you're gutless wonders who only want to whine about "Orange Man Bad", and could care less about the actual virus, or its spreading. I called my Congressman, and I tried calling Chuckie Schumer's office, but there was no answer at Chuckie's. He's probably off somewhere chomping down on his favorite cheesecake. That's your Democrats for you. They're already home for the weekend.

[LeonardFMason]

Time to PISS OFF Sotomayor again! Emergency appeal to Supreme Court and make it fast!