9th Circuit Says Trump Can Legally Deport Asylum Seekers Back to Mexico


9th circuit rules Trump can legally deport asylum seekers back to Mexico

The decision is in response to the Trump administration’s emergency motion filing from Thursday asking the U.S. Court of Appeals for the 9th Circuit in San Fransisco to stop a nationwide injunction that would bar them from forcing migrants to wait in Mexico as their asylum cases are processed.

Nbcnews.com reports: The court asked that opposition to the emergency motion be filed by Tuesday, 9 a.m. local time.

 The government’s motion said the injunction issued Monday by U.S. District Court Judge Richard Seeborg rested on “serious errors of law” and blocked an initiative “designed to address the dramatically escalating burdens of unauthorized migration.”

 The administration had asked for an administrative stay that would take place immediately and remain in place while the court considers the issue of a longer stay while the appeals process plays out in a possibly months-long process.

 The American Civil Liberties Union had asked the court earlier Friday to deny the emergency request that would keep in place the administration’s policy of returning asylum-seekers to Mexico while they wait for c...

 In response to the judge’s decision Friday evening, Judy Rabinovitz, who argued the case for the ACLU, said, “this is just an interim step while the court considers the government’s stay request.”

“We’re very disappointed in the 9th Circuit’s decision and we hope that the stay will be short-lived,” Melissa Crow, senior supervising attorney for the Southern Poverty Law Center, said Friday night. The group is part of the lawsuit seeking to stop the policy.

“The plaintiffs and others like them are very vulnerable to harm in Mexico and should be able to pursue their asylum claims in the United States,” she added.

The Department of Justice did not immediately respond to a request for comment on the decision.

 The organizations seeking to stop the policy of returning migrants to Mexico said in a brief earlier Friday that the government’s request should be denied and that there was not “sufficient urgency” to warrant an administrative stay.

“The government should not be allowed to manufacture the need for an emergency administrative stay by failing to timely file a stay request,” the brief said.

In issuing a preliminary injunction temporarily stopping the policy, Seeborg had ordered that it go into effect Friday to give the administration time to appeal.

“It was a huge victory for us and it’s a huge defeat for the Trump administration at least in terms of a signal that you are not above the law,” Rabinovitz said of Seeborg’s ruling.

 Seeborg also ruled that all 11 migrants named in the lawsuit must be allowed to enter the U.S. within two days of the order taking effect.

 While the order was not set to officially go into effect until Friday, an official with Mexico’s immigration agency told NBC News the government had not been returning newly arrived migrants to Mexico since the judge issued his decision on Monday.

 Since the policy was implemented in late January, 1,323 Central American migrants have been returned to Mexico, according to a statement from Mexico’s National Institute of Migration. Of those, 308 were families including 428 children under 18, according to the statement.

 A Department of Justice official told NBC News that since Seeborg’s order all migrants affected by the policy who have had court dates in the U.S. have been told they will not be returned to Mexico following those hearings. The Department of Homeland Security did not immediately respond to a request for comment.

 Critics of the policy say forcing migrants to wait in Mexico puts their lives in danger and violates their legal right to seek asylum in the U.S.

 Trump administration attorneys have said the policy was meant to deter “baseless” asylum claims that were “overtaxing” the U.S. immigration system.

 Families seeking asylum had previously been allowed to stay in the U.S., either in detention or released into the country, while awaiting their court hearings.

 Rabinovitz said that the ACLU would also be working to get relief for migrants affected by the policy whose court dates in the U.S. may not be for months.

“Clearly they should benefit even though the preliminary injunction doesn’t order the government to bring them back. They can’t be subjected to this policy anymore so there’s no way they can be required to stay in Mexico,” she said.

https://newspunch.com/9th-circuit-trump-deport-asylum-seekers-mexico/

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Political Cartoons by Tom StiglichPolitical Cartoons by AF Branco

ALERT ALERT

Fact Check:   'Joe Biden Claims ‘We Didn’t Lock People Up In Cages’

CLAIM: Former Vice President Joe Biden claimed, on immigration: “We didn’t lock people up in cages.”

VERDICT: FALSE. The “cages” were built by the Obama-Biden administration.

Univision moderator Jorge Ramos asked Biden at the third Democrat debate at Texas Southern University in Houston, Texas, why Latinos should trust him after the Obama administration continued deporting “undocumented immigrants.”

Biden claimed that the Obama administration’s policies were more humane than those of President Donald Trump: “We didn’t lock people up in cages,” he said.

In fact, the “cages” were built by the Obama administration to deal with a surge of unaccompanied minors who crossed the border illegally in 2014.

Originally, the Obama administration was “warehousing” children — literally — in overwhelmed Border Patrol facilities. Breitbart News broke the story of the surge, which was partly triggered by Obama’s policy of allowing illegal alien children who entered the country as minors to stay in the country (Deferred Action for Childhood Arrivals, or DACA).

Above image credit: AP Photo/Ross D. Franklin, Pool, File

The above photo was published by the Associated Press in June 2014, and the photo below is of Obama’s Secretary of Homeland Security, Jeh Johnson, touring a Border Patrol facility with “cages.”


Above: Border Patrol officers escort Homeland Security Secretary Jeh Johnson and Gov. Jan Brewer through the department’s Nogales processing facility for immigrant children. (Photo courtesy Barry Bahler/Department of Homeland Security)

The “cages” are chain-link enclosures in Border Patrol processing facilities that are meant to protect children from adults in custody. They are not permanent accommodations.

In mid-2018, as the Trump administration began enforcing a “zero tolerance” policy that stopped the “catch-and-release” policy of letting illegal aliens go after they were arrested. Detaining adults and children meant that children had to be processed separately; the enclosures prevented adults from harming children.

As Breitbart News reported at the time, children were not housed in “cages.” They were processed and then taken to shelters, where they were given medical care, toiletries, education, recreation, and counseling, and where staff attempted to find relatives or sponsors to whom they could be released.

Democrats began tweeting images of “kids in cages” to condemn the Trump administration. Journalists, too, shared those images.

One problem: they were taken during the Obama administration.

Public outrage at the images led President Trump to end the policy, and require families to be detained together.

Democrats keep repeating the mistake, however: in July, they had to delete a tweet that used an image from the Obama era and cited the “inhumane treatment” of children by the Trump administration.

Republicans argue that not detaining illegal aliens is actually the cruel policy, because it encourages migrants to undertake a dangerous journey, often guided by cartels and smugglers.

As Breitbart News’ Alana Mastrangelo noted recently:

But what’s worse than “cages,” however, are reports of migrant children also being handed over to human traffickers during the Obama administration — while Biden was vice president — according to the New York Times. Between October 2013 and July 2015 alone, nearly 80,000 unaccompanied children from Central American countries were detained by U.S. authorities.

It remains unclear how many of the tens of thousands of children were handed over to human traffickers — including sex traffickers — during that span of nearly two years, as those cases are reportedly not tracked.

“Others were ransomed by the very smugglers to whom their families paid thousands of dollars to sneak them into the United States,” reported the New York Times in 2015, during Obama’s presidency and Biden’s vice presidency. “Some lost limbs during the journey or found themselves sold into sexual slavery.”

Biden told voters in South Carolina last month that he would close all border detention facilities, guaranteeing that the migrant flow would continue.

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