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The Ninth US Court of Appeals decided that the administration could informally apply the policy known as "Staying in Mexico" pending appeal. The judges, although divided on some issues, list a number of factors that were taken into account in the decision, including the risk of injury in Mexico and the negotiations between the United States and Mexico.
"Complainants fear significant harm upon their return to Mexico, but the likelihood of harm is somewhat reduced by the Mexican government's commitment to uphold its obligations under international law and to grant humanitarian status and work permits to those returned "under the policy, reads the notice.
"We hesitate to disturb this compromise in the ongoing diplomatic negotiations between the United States and Mexico because, as we have explained, the preliminary injunction (at least in its present form) should not probably not be kept on appeal. "
Judge Paul J. Watford, who expressed skepticism about the process, reiterated his concerns in his concurring opinion. "In my opinion, DHS has adopted procedures so ill-suited to the stated purpose that made them arbitrary and capricious under the Administrative Procedure Law," he writes, citing the fact that he Claimants were not asked if they feared returning to Mexico. unless they bring it themselves.
Judge William A. Fletcher, on the other hand, challenged the interpretation of the statutes.
"I absolutely disagree with my colleagues," he began, adding, "The government is pleading today for an entirely new conception of the law, based on the fact that it is a law. arguments never formulated or suggested before ".
Judge Richard Seeborg of the Northern District of California blocked the policy earlier this year. His reasoning was that the provision on which the government relied should never allow the return of asylum seekers to Mexico, and even if it were, the current screening procedures do not allow for the return of asylum seekers to Mexico. were not adequate, said Melissa Crow, Senior Supervising Attorney at Southern Poverty. Law Center.
The ninth US court of appeal however suspended the order in April, thus allowing the police to stay temporarily.
The so-called migrant protection protocol program was initially set up at the San Ysidro entry point in January. Since then, it has been expanded to include the Calexico Entrance Port, the San Diego area, the Paso del Norte Gateway, the El Paso area and the El Centro area, according to the Department of Homeland Security. .
The United States has sent over 1,600 migrants to Mexico waiting for immigration hearings, according to the ministry.
"Asylum seekers are exposed to a serious risk of harm every day as the forced return policy continues," said Omar Jadwat, director of the Immigrants' Rights Project at the American Civil Liberties. Union, in a statement. "In particular, two of the three judges who heard this request concluded that the government posed serious legal problems, so there is reason to believe that this policy will eventually be stopped."
The challenge comes from a coalition of immigrant rights groups who have asked a federal judge to make a restraining order that would block the policy. Eleven migrants who have applied for asylum in the United States and who have been returned to Mexico under the policy are also plaintiffs in the case.
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