Asylum Update: Trump’s ‘Remain in Mexico’ Policy Can Continue, the Ninth Circuit Rules

On May 7, the Ninth Circuit stayed an injunction against the Trump administration’s “Remain in Mexico” policy. That policy, officially called the Migrant Protection Protocols (MPP), requires the return of certain migrants to Mexico pending a full immigration court hearing. The Ninth Circuit panel’s majority, which included conservative judge Diarmuid O’Scannlain and liberal judge Paul Watford (Judge William Fletcher dissented), found that the Immigration and Nationality Act (INA) granted immigration officials discretion to either keep foreign nationals in the United States under the “expedited removal” process or require them to wait in Mexico for a hearing. The Trump administration has opted for the latter course for prospective immigrants at certain border crossing points, in hopes of reducing the escalating number of entries of Central American migrants. The Ninth Circuit’s decision allows the administration to continue with…

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