CNN report states that, on Friday, a federal appeals court has handed the Trump administration a partial win by giving access to its Asylum Restrictions To Take Effect In Texas, New Mexico. The 9th US Circuit Court of Appeals, known for drawing the ire of President Donald Trump, dialed back a nationwide injunction that a district court had previously issued against the asylum rule.
However, the 9th Circuit says the injunction can apply only to migrants who are claiming asylum in California and Arizona, that is the states that fall under the 9th Circuit’s jurisdiction. As a matter of fact, it also means that asylum seekers may continue to seek protection without these restriction in California and Arizona, however, those seeking asylum in new Mexico and Texas will be subject to the asylum rule.
Asylum Restrictions To Take Effect In Texas, New Mexico
In a news release, Stephanie Grisham, White House press secretary said that the administration is excited that the court decided to end nationwide injunction. Grisham added that the California and Arizona injunction is still overbroad, but the administration’s rule will still be applied in Texas and New Mexico.
In a statement, Stephanie Grisham said; “We look forward to having the injunction lifted in its entirety on appeal so that we can protect legitimate asylum seekers, preserve resources for addressing their claims, as well as preventing illegal migrants who bypass regional asylum opportunities from overwhelming our asylum system.”
In July, the rule was issued by the department of Justice and Homeland Security, and it would prohibit migrants who have resided in or traveled through a third country from seeking asylum in the United States, in addition, it will also bar migrants who are travelling through Mexico from being able to claim asylum and with this, drastically limit who’s qualified for asylum.
Federal district judge in California blocked the rule in July from going into effect nationwide. The ruling on Friday simply means that the restrictions are still blocked in California and Arizona. The court made a ruling which state that “the district court was found wanting because it failed to consider if nationwide relief is necessary.”
According to ACLU attorney Lee Gelernt, “The ACLU plans to immediately bring new evidence to the district court on why the nationwide injunction should be reinstated.” Gelernt also added that, “The court has refused to allow the new asylum ban go into effect, though currently limited to the Ninth Circuit. We will continue to fight until they end the ban.”
Going back on a district court’s nationwide injunction, the appellate court said that “other litigants” who plans to challenge the rule is free do so in other courts, a move that will allow the issue to percolate in the lower courts before it might arrive at the Supreme Court. The Department of Justice is yet to comment on the ruling.