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You are here: Home / Immigration / Federal Appeals Court Blocks Trump’s ‘Remain in Mexico’ Policy

Federal Appeals Court Blocks Trump’s ‘Remain in Mexico’ Policy

by Cheryl Rofer|  February 28, 20204:33 pm| 33 Comments

This post is in: Immigration

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Partially good news.

A federal court on Friday upended a central pillar of the Trump administration’s immigration agenda, ruling that asylum seekers must be allowed into the United States while their cases weave through American immigration courts.

In their opinion on Friday, the judges said the policy is “invalid in its entirety” 

Additionally,

In a separate ruling on Friday, the same panel of appeals court judges rejected another of the Trump administration’s attempts to restrict asylum. In that case, the judges reviewed a policy that blocks anyone who had entered the United States illegally — as opposed to presenting themselves at a legal port of entry — from applying for asylum.

Not clear what happens next.

Government lawyers may quickly move to reverse the decision, before border agents are once again overwhelmed by thousands of people who must now be processed and allowed into the United States. They could request an immediate stay, or an “en banc” review by all of the judges on the Ninth Circuit — once a reliably progressive venue that has seen a number of recent conservative appointees under President Trump. Another option would be to request that the case be taken up by the Supreme Court, where President Trump has secured a conservative majority.

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Reader Interactions

33Comments

  1. 1.

    E.

    February 28, 2020 at 4:43 pm

    Well damn, this seems like really good news — what makes it “partial”? Let’s hope it sticks.

  2. 2.

    trollhattan

    February 28, 2020 at 4:50 pm

    Heading straight for Roberts’ robes seems like SOP for the administration, and who can argue the strategy? Good ruling nevertheless.

    In news of the cool, a junk coms satellite has been given a second life via the first-ever commercial orbital docking, in this case with a replacement booster. Cool stuff!

  3. 3.

    Cheryl Rofer

    February 28, 2020 at 4:50 pm

    @E.: Partial because it will be appealed and thus presumably won’t have any immediate effect on the people who most need it.

  4. 4.

    Leto

    February 28, 2020 at 4:57 pm

    @trollhattan:

     

    but other companies like Astroscale are pursuing orbital debris removal in low-Earth orbit, using magnetic plates to latch onto other objects and drag them down into Earth’s atmosphere for incineration.

    That seems like a really cool thing because there’s a shit ton of debris up there. I just hope that when they go to bring it down that it’s controlled, hits the Pacific, and that most of it is actually incinerated.

  5. 5.

    hells littlest angel

    February 28, 2020 at 5:00 pm

    Brett, Neil, John, Sam, black guy? You did that thing I told you to do right? Good. I need you to do another thing.

  6. 6.

    Benw

    February 28, 2020 at 5:08 pm

    Great news!
    Also we found a mini-moon orbiting Earth. Earth has two moons!

  7. 7.

    hells littlest angel

    February 28, 2020 at 5:11 pm

    @Benw: Don’t get too attached to it.

  8. 8.

    Kraux Pas

    February 28, 2020 at 5:11 pm

    @Benw: How did no one notice this?

    Eta: Oh its 11 feet across and temporary.

  9. 9.

    trollhattan

    February 28, 2020 at 5:12 pm

    @Benw:

    Heh-heh, Donnie’s butt, heh-heh.

    That is cool.

  10. 10.

    trollhattan

    February 28, 2020 at 5:14 pm

    @Leto:

    “Space Junk” not just a Devo song.

    It is a great idea and if they can make it viable, a big Biden deal. IIUC a paint chip can puncture an ISS skin and as you say, there’s a yuge amount of crap in orbit.

  11. 11.

    Benw

    February 28, 2020 at 5:18 pm

    @Kraux Pas: it’s very faint and the sky is very big!

    https://www.google.com/amp/s/www.space.com/amp/minimoon-2020-cd3-discovery-around-earth-explained.html

     

    ETA: yeah they weren’t kidding about the mini part!

  12. 12.

    mrmoshpotato

    February 28, 2020 at 5:21 pm

    Mein Gott, what a shithole “President.”

  13. 13.

    Yutsano

    February 28, 2020 at 5:23 pm

    @Benw: “I shall call him, Mini-Me!”

  14. 14.

    mrmoshpotato

    February 28, 2020 at 5:25 pm

    @Leto: Jamie Leto wants big boom?

  15. 15.

    Amir Khalid

    February 28, 2020 at 5:26 pm

    @Benw:

    I saw a video about it. It’s a random rock, only about a metre/yard across, that got captured from the asteroid belt. Its orbit is not that stable, and at some point it will drift out again into the asteroid belt.

  16. 16.

    clay

    February 28, 2020 at 5:28 pm

    Speaking of courts, it’s been ruled that Congressional subpoenas can officially be ignored. Jackholes.

  17. 17.

    Yutsano

    February 28, 2020 at 5:31 pm

    @clay: Link?

     

    @Amir Khalid: The article said about the size of a car. I’m almost hopeful that it’s a metric translation issue. Basically: we REALLY gotta get on the metric system!

  18. 18.

    trollhattan

    February 28, 2020 at 5:32 pm

    @Yutsano:

    Tesla-roadster sized?

  19. 19.

    clay

    February 28, 2020 at 5:33 pm

    1. @Yutsano: Ir was in WaPo. Sorry I can’t link to it at the moment.
  20. 20.

    Yutsano

    February 28, 2020 at 5:35 pm

    @trollhattan: It would be irresponsible not to speculate.

  21. 21.

    clay

    February 28, 2020 at 5:37 pm

    • @Yutsano: Ok, here it is:

    https://www.washingtonpost.com/local/legal-issues/former-white-house-counsel-don-mcgahn-does-not-have-to-testify-to-house-appeals-court-finds/2020/02/28/eb846412-3c5a-11ea-baca-eb7ace0a3455_story.html?tidr=a_breakingnews&hpid=hp_no-name_mhp-breaking-news%3Apage%2Fbreaking-news-bar&itid=hp_no-name_mhp-breaking-news%3Apage%2Fbreaking-news-bar

    Former White House counsel Donald McGahn can defy a congressional subpoena, a federal appeals court in Washington ruled Friday in a decision siding with President Trump, who had blocked top advisers from testifying as part of the impeachment proceedings.
    The 2-1 ruling by a three-judge panel, if it stands, means Trump’s former lawyer cannot be compelled to appear on Capitol Hill, and comes after Democrats lost their bid to call additional witnesses during Trump’s Senate trial.
    The Justice Department had argued that the Constitution categorically bars the courts from stepping into this kind of dispute between the politically elected legislative and executive branches, and in a 37-page opinion, U.S. Circuit Judge Thomas B. Griffith wrote, “We agree and dismiss this case.”

  22. 22.

    mrmoshpotato

    February 28, 2020 at 5:38 pm

    @trollhattan: What ever happened to that Roadster the rich ass launched into space?

  23. 23.

    Jay Noble

    February 28, 2020 at 5:39 pm

    “Salvage I” with Andy Griffith got there first. :-)

  24. 24.

    Benw

    February 28, 2020 at 6:18 pm

    @Amir Khalid: for the first time in the history of the USA the Earth has more moons than the President is capable of counting! XD

  25. 25.

    Another Scott

    February 28, 2020 at 6:20 pm

    @mrmoshpotato:

    https://www.whereisroadster.com/

    ;-)

    Cheers,
    Scott.

  26. 26.

    Uncle Cosmo

    February 28, 2020 at 6:49 pm

    @Yutsano: FTR Stephen Miller is Reinhard Heydrich’s Mini-Me. The proof is in the portraiting.

  27. 27.

    Yutsano

    February 28, 2020 at 6:49 pm

    @clay: Jeebus what a mess of a ruling! So Congress can’t compel him but McGahn can’t refuse at the same time? Whisky Tango Foxtrot???

  28. 28.

    kindness

    February 28, 2020 at 6:59 pm

    I’m so thankful for the sincere judges out there that still think the USA is the place we’d like it to be.  Can I bitch for a second?  Sorry but I don’t like whining.  Earlier today Charles Pierce did a post on BernieBros being Bernie’s biggest problem. Lord knows in the comments (at FB where you end up commenting) BernieBros went wild. OMG those fuckers hate other Democrats with a white hot passion. They also hate Boomers (of which I am one), and refused to see how they were making Charles’ point for him. Damn, with ‘friends’ like that…..

    OK, kvetching off.

  29. 29.

    Amir Khalid

    February 28, 2020 at 7:00 pm

    @Benw:

    I’m not sure he could have counted the previous number of moons.

  30. 30.

    Amir Khalid

    February 28, 2020 at 7:05 pm

    @kindness:

    BernieBros went wild. OMG those fuckers hate other Democrats

    To hate other Democrats, you have to be a Democrat yourself. BernieBros are not Democrats; they, like their leader, are alien invaders trying to snatch the party’s body.

  31. 31.

    cain

    February 28, 2020 at 7:21 pm

    @clay:

    Just remember when it is our turn, we can take advantage of all these decisions because once made they set precedent. Republicans can’t change it.. if they do, then we know we are in free fall and that everything has gone to shit and we might as well depose the entire judiciary if it is just going to weigh in only on the favor of one party.

  32. 32.

    Jim, Foolish Literalist

    February 28, 2020 at 7:39 pm

    @kindness: a Sanders surrogate on the Ari Melber show got all precious and high-blown about how Bernie Sanders was “the Choice of The People!”, and not one person, not Melber, not Jonathan Capehart, not even the Biden surrogate on the panel, pointed out that Himself is the choice of pretty small pluralities in two of the three smallish states that have held nomination contests thus far, and that his earth-shaking victory in Nevada represented (by my admittedly weak math) about 7% of votes that a Dem nominee will actually need to win NV’s electoral votes.

  33. 33.

    J R in WV

    February 28, 2020 at 8:38 pm

    @Jim, Foolish Literalist:

    Bernie be the choice of a few of the people — not ALL the people. Not even enough of the people to win an election, actually.

    Might do better if he was actually a member of the Democratic party!!

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