A federal appeals court ruled on May 8 that the Trump administration may, for now, require certain non-Mexican asylum seekers to wait in Mexico pending resolution of their cases.
A three-judge panel of the U.S. Court of Appeals for the 9th Circuit cited different reasons for permitting the “remain in Mexico” initiative to move forward after a lower court blocked it last month. The appeals court allowed the policy to continue only on a temporary basis, while the court considers broader issues in the case.
The ruling represents a victory for President Donald Trump, whose immigration policies have faced constant legal challenges. A federal judge in late November halted a separate Trump attempt to bar migrants from seeking asylum if they cross the border between ports of entry.
Judge Diarmuid O'Scannlain, an appointee of former President Ronald Reagan, authored the 11-page opinion and wrote that the administration was likely to succeed on legal challenges to the policy under federal immigration and regulatory law.
O'Scannlain also said the Homeland Security Department could face harm if a federal court order freezes one of its enforcement tools.