A federal appeals court that’s based out of San Francisco broke with precedent and ruled in favor the administration’s request to lift an injunction while a legal battle over its ‘Remain in Mexico’ approach proceeds.
A memo the outlet says it obtained on Monday refers to the policy as ‘Migrant Protection Protocols’ and says they ‘may resume pending the ongoing litigation.’
Donald Trump’s administration is looking to take advantage of a federal court’s ruling that it can send Central American migrants back to Mexico to await adjudication of their asylum claims
Last Friday, the Ninth Circuit granted the Trump administration a stay that allowed it to resume the policy pending a final decision. The court will decide this week whether to extend they stay on the policy that Trump says is necessary to deter illegal immigrants from flooding the border.
In a Monday report, the LA Times noted that the administration had not acted on the restored authority.
A Department of Homeland Security spokesman did not respond to DailyMail.com’s request for comment on the report – or a tweet from Trump on Monday claiming that migrants would be dropped off in ‘sanctuary cities’ upon their release from custody.
Justice told the LA Times that the president has a right to sent Central American migrants back to Mexico, and it would defend his right to do so.
‘The statute explicitly authorizing the use of the Migrant Protection Protocols has been on the books for more than two decades, and the Department of Justice will robustly defend our ability to use it,’ DOJ spokesperson said.
DOJ had previously argued that a district court judge’s order halting the practice imposed ‘immediate, substantial harm on the United States, including by diminishing the executive branch’s ability to work effectively with Mexico to manage the crisis on our shared border.’
The Trump administration began the protocols in December, to satisfy the president’s desire to cut back on the number of migrants freely-roaming the U.S.
A court ruled earlier this month that the administration cannot force asylum seekers to leave the country until their cases are closed, however.
Prior to the injunction the administration had sent more than 1,000 migrants to Mexico to wait their asylum claims to be processed.
The White House claimed last Monday it was a ‘cooperative program extensively negotiated’ with Mexico and a district court was wrong to be ‘forcing open borders policies’ on an American populace that supports stricter immigration laws.
‘Congress passed a Federal law that allows for the return of illegal and inadmissible aliens to Mexico while they await asylum hearings – which ensures that they are not released into the interior of the United States,’ the White House said.
Central American migrants heading in caravan to the U.S. wait in Tapachula on Monday. Mexican authorities say the caravan forced its way in
When the Ninth Circuit, which often sides against the administration, ruled that Trump could continue the policy why the case is debated, he celebrated with a tweet that said, ‘Finally, great news at the Border!’
Migrants that are shipped across the border to places like Tijuana and Ciudad Juarez have told