An order made by now former Secretary of Homeland Security Kirstjen Nielsen has just been upheld by a 3-judge panel on the Ninth Circuit Court of Appeals, which will allow the Trump administration and the DHS to place Mexican migrants seeking asylum on the Mexican side of the border while waiting for their claims to be heard by an immigration judge.
Under the original memo made by Former DHS Secretary Kirstjen:
- “Aliens trying to enter the U.S. to claim asylum will no longer be released into our country, where they often disappear before a court can determine their claim’s merits.
- Instead, those aliens will be processed by DHS and given a “Notice to Appear” for their immigration court hearing.
- While they wait in Mexico, the Mexican government has made its own determination to provide such individuals humanitarian visas, work authorization, and other protections. Aliens will have access to immigration attorneys and to the U.S. for their court hearings.
- Aliens whose claims are upheld by U.S. judges will be allowed in. Those without valid claims will be deported to their home countries.
In April, a lower court in San Francisco issued an injunction against the Migrant Protection Protocol, also known as “Remain In Mexico,” on behalf of 11 migrants on the grounds that it “lacked sufficient safeguards ensuring that people are not returned to dangerous places,” according to NPR. Though that is not a legal standard.
DHS was then granted a ‘stay’ from the injunction by the 9th-Circuit because the DHS will “likely to suffer irreparable harm absent a stay because the preliminary injunction takes off the table one of the few congressionally authorized measures available to process the approximately 2,000 migrants who are currently arriving at the Nation’s southern border on a daily basis.” Under law, the DHS is granted a wide swath of authority to dictate day-to-day operations in order to ensure an efficient organization, considering it is a branch of law enforcement.
The order also only encompasses migrants from Mexico, which falls in line with a current Congressional law which authorizes DHS to place migrants from nations we share a border with (Mexico and Canada) in the nation they originated while they wait for hearings unless they meet certain qualifications, but the court found that “the plaintiffs are properly subject to the contiguous-territory provision because they were processed in accordance with § 1225(b)(2)(A).”
However, the critics claim this policy will be put in unnecessary danger if they are forced to return to a country they fled from, but the court addressed this by saying “the likelihood of harm is reduced somewhat by the Mexican government’s commitment to honor its international law obligations and to grant humanitarian status and work permits to individuals returned under the MPP.”
One of the four main topics of consideration when making the decision on the ‘stay’ was whether the appeal was likely to end in favor of DHS, and the court addressed this by saying “the preliminary injunction (at least in its present form) is unlikely to be sustained on appeal,” meaning the Justice believes the original ruling by the San Francisco District Judge is likely to be overruled.
As of now, the DHS has the right to continue their MPP policy until the appeals process is complete, and it looks as though the original injunction will inevitably be overruled entirely.
Categories: U.S. News