The U.S. Court of Appeals for the Ninth Circuit momentarily remained a lower court order on Friday that had blocked President Donald Trump’s asylum policy. The stay lasts just until the court can decide the next steps of the current ongoing legal obstacle to the crisis on the Mexican border.
To handle the growing humanitarian crisis on the southern border, President Trump’s Department of Homeland Security (DHS) implemented Migrant Defense Protocols, a policy needing applicants for asylum to remain in Mexico while U.S. immigration courts consider their asylum claims.
Immigration law at 8 U.S.C. § 1225( b)( 2) authorizes the secretary of DHS to return aliens who crossed the Mexican border back to Mexico while their asylum claims are processed. DHS is using that statutory authority.
Left-wing legal groups sued, and a federal district judge in California issued a preliminary injunction blocking the policy nationwide, purchasing the federal government to permit those aliens into this nation before deciding their asylum applications.
The U.S. Department of Justice (DOJ) submitted a movement for an emergency situation stay at the Ninth Circuit. A three-judge panel of that court is yet to rule on that stay due to the fact that the court briefs have not yet all been filed. However the appellate court has granted a temporary stay to keep the president’s Migrant Protection Protocols in result until that emergency stay can be chosen.
The panel specified that the plaintiffs must submit their short opposing an emergency Tuesday early morning. The court is most likely to rule on the ask for an emergency stay by the end of this week.
If the stay is granted, it will likely last while DOJ appeals the initial injunction to the Ninth Circuit, an appeal that the court will probably rule on in the second half of2019 Regardless of the result at the San Francisco-based appeals court, the case could well wind up prior to the Supreme Court for a choice in early 2020.
The case isDevelopment Law Jab v. Nielsen, No. 19-15716 in the U.S. Court of Appeals for the Ninth Circuit, and 3: 19- cv-807 in the U.S. District Court for the Northern District of California.
Ken Klukowski is senior legal editor for Breitbart News. Follow him on Twitter@kenklukowski