According to the 9th Circuit Court of Appeals, the Trump Administration is allowed to continue sending asylum seekers back to Mexico.
The ruling comes after an appeals court decision halted the practice, and days after a federal judge in California blocked the policy, dubbed the Migration Protection Protocols.
In a two-paragraph ruling, the 9th Circuit court, previously criticized by Trump for blocking his policies, sided with him. With the lower court’s order against the MPP, which responded to a lawsuit brought by human rights advocates including the Southern Poverty Law Center, was set for Friday, as Judge Richard Seebord had argued that the United States faced a “a humanitarian and security crisis” at its shared border with Mexico.
This past Monday, Trump had criticized the 9th Circuit for the decision by the U.S. District Court, calling it “out of control” in a late-night tweet.
Seeborg had ruled on Monday the policy was contrary to U.S. immigration law and ordered a nationwide injunction to halt the program, but delayed implementation of his order to allow the government to appeal.
“This is an interim step while the court considers the government’s stay request,” said a statement from Judy Rabinovitz, a lawyer for the American Civil Liberties Union who represented plaintiffs in the case and who opposed the stay.
The Trump administration has sent more than 1,000 asylum seekers pack to Mexico. From there, most are left to re-attempt entry or to wait through the sometimes yearslong process of our overloaded immigration system.
For Trump, who has both tweeted and told reporters that our country is “full,” any victory is welcome.