'Remain in Mexico' policy allowed to continue pending Supreme Court review, 9th Circuit says
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On Wednesday, a federal appeals court granted the Trump administration’s request to allow the “remain in Mexico” policy to stay in effect while also reaffirming that it ruled correctly when it deemed the policy to be unlawful last week.
In its decision, the 9th U.S. Circuit Court of Appeals at San Francisco temporarily stayed its injunction against enforcing the Migrant Protection Protocols—which require immigrants who apply for asylum to wait in Mexico while their cases are pending—after the administration warned that it could create chaos and increased entries at the southern border.
The 9th Circuit also said that if the U.S. Supreme Court had not reviewed or modified its decision by March 11, it would narrow its original ruling to Arizona and California, the two border states within its jurisdiction.
The New York Times, the Wall Street Journal, Fox News and Law.com have coverage.
In its Feb. 28 decision in Innovation Law Lab v. Wolf, the court blocked the Migrant Protection Protocols policy and said plaintiffs had shown a likelihood of success on their arguments that it is inconsistent with federal law and in violation of treaty obligations.
While the court said Wednesday it remains clear that “the MPP is causing extreme and irreversible harm to plaintiffs,” it also recognized that “the proper scope of injunctions against agency action is a matter of intense and active controversy.”
Stephen Yale-Loehr, an immigration professor at Cornell University’s law school, told the New York Times that “it is very likely that the Supreme Court will grant the administration’s request to halt the Ninth Circuit’s original decision to suspend the policy.”
The Supreme Court has reversed several temporary injunctions issued against the Trump administration’s immigration policies in recent months.
In a January decision, the high court lifted a nationwide injunction blocking implementation of the “public charge” rule that makes it easier for the government to deny visas and green cards to immigrants who receive or are likely to receive public assistance.
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